Recently a man in Bradford admitted fraud after abusing his position as holder of an Enduring Power of Attorney to take money from an elderly woman. Enduring Powers of Attorney were phased out after 1 October 2007 after concerns about the potential for abuse. However, Enduring Powers of Attorney made before 1 October 2007 are still valid.
Enduring Powers of Attorney were replaced by Lasting Powers of Attorney. Lasting Powers of Attorney can be made for Welfare or Finance and Property. Lasting Powers of Attorney have important safeguards against abuse, including:-
• Attorneys can only use the Lasting Power of Attorney after it has been registered with the Court. Lasting Powers of Attorney without the official stamp of the Office of the Public Guardian should not be accepted.
• The Lasting Power of Attorney form must be signed by a Certificate Provider as well as the person making the power of attorney and the attorneys. The certificate provider confirms that the person making the power of attorney understands the powers the attorneys will have and is not under pressure from any of the nominated attorneys. A certificate provider must be either someone independent who has known the person making the power of attorney for at least two years or a professional such as a GP or solicitor.
• The person making the power of attorney can nominate up to five other people to be notified of the Lasting Power of Attorney and its registration. These named people can object to the Lasting Power of Attorney being registered so provide an additional safeguard not available with an Enduring Power of Attorney.
Lasting Powers of Attorney are not just for the elderly. Lawson-West recommends that anyone making or updating a Will also consider making a Lasting Power of Attorney.
To make it easier, Lawson-West are currently offering £50 off a Lasting Power of Attorney until the end of July 2009. To make an appointment, please phone 01858 445480 now or complete one of the on-line forms. You can make an appointment at any of our branches in Market Harborough, Wigston and Uppingham Road, Leicester or if you cannot come into a branch due to your ill-health, we can visit you at home.
