Lawyers Urge Court Of Protection Legal Arrangements To Be Continuously Reviewed

Power Of Attorney Cancelled Following ‘Financial Abuse’

18.01.2016

Specialist Court of Protection lawyers at Irwin Mitchell have highlighted the need for Donors of Lasting Powers of Attorneys to ensure that those who are appointed are chosen wisely to make sure that those who are potentially unable to manage their finances are protected from financial abuse, following a judgement in favour of a man being exploited by his children who were looking after his finances. 

A judge recently ruled the man has the right to manage his own finances after he won his legal battle with his two children who had subjected him to financial abuse after being granted power of attorney when their father was diagnosed with dementia, resulting in him being denied access to his money when needed. 

National Law firm Irwin Mitchell is the largest provider of Court of Protection Services in the country and deals with these cases on a regular basis. 

Julia Lomas, National Head of the Court of Protection team in Irwin Mitchell, said:

Expert Opinion
“Court of Protection should be viewed as a safe and reliable environment for these issues to be determined, but people who grant Lasting Powers of Attorney do so whilst they have capacity to make decisions and the Court respects their wishes so it is concerning that this gentleman has been a victim of financial abuse. This instance is a clear indication of how important it is to ensure that the right Attorney is appointed but if problems should arise, the there is recourse to the Court of Protection for review.

“We understand the serious implications when powers of attorney are abused and would urge those who have voluntarily entered into arrangements, with which they have subsequently become unhappy with, to challenge the situation to ensure they regain their financial control.

“We should not lose sight of the fact that these cases often involve vulnerable people who need the help of those closest to them, so more needs to be done to protect these people from financial abuse.”
Julia Lomas, Partner