Rebecca Head has defended lasting powers of attorney after comments from a former senior judge that powers of attorney may leave elderly people open to abuse
Rebecca is a member of the national group, Solicitors for the Elderly which says with the right advice, powers of attorney can act as important safeguards
If you’ve ever made or considered making a Lasting Power of Attorney (LPA) the comments of a former Senior Judge of the Court of Protection, Denzil Lush, may have caught your attention last week.
A LPA is a powerful legal document that allows a person to appoint trusted individuals to make important decisions about care and finances on their behalf, in the event of a loss of mental capacity through an accident or illness such as dementia.
In the foreword to a new book on the subject, Mr Lush raised concerns about the “lack of transparency” in how appointed attorneys manage older people’s finances. The former judge went on to criticise the Ministry of Justice as being “disingenuous” in its promotion of the legal document.
However, Rebecca said LPAs are effective safeguards when created responsibly:
“Senior Judge Lush’s comments have given rise to fears that LPAs are a direct avenue for financial abuse. However, his comments must be put into context, as his 20-year career at the Court of Protection will have presented him with the very worst cases of financial abuse.
“An LPA can be a positive and effective legal tool, which ensures your wishes are respected should you ever lose capacity. Senior Judge Lush’s comments should highlight the clear need for professional advice when considering powerful legal documents of this nature.”
If you would like to talk to Rebecca about LPAs and if they are right for you, please call her on 01543 440 308