Report comment

Lush is right that the MoJ have pushed the use of LPAs to heavily, while cutting back on the safeguards in the system. All this has led to people believing LPAs are just a piece of paper easily obtained, either in good faith, or easy pray for the less scrupulous.

When LPAs came in, at least one person had to be notified, albeit someone of the attorneys choice rather than the statutory list under the EPA system. Doing away with this has helped those who wish to abuse LPAs.

I took a call yesterday from an individual who was attorney for a sibling under an LPA prepared personally, it was this news that prompted the call. Since 2012 this person has 'gifted' £200 each month to each of the attorneys 5 children from the rent collected on the siblings flat. That's £60K. While not sure, I don't believe this was done with theft in mind, though I believe a blind eye was turned to the potential problems. Even when I suggested another firm who could possibly help unravel this, and explained an order should have been obtained authorising such gifts, the reaction from the attorney was to sort it without professional help. I also raised the issue of tax returns on the rental income, despite the answer given, I doubt these have been done. The attorney clearly has too high an opinion of their ability, while not appreciating the responsibilities an attorney has. This attitude has been encouraged over recent years as safeguards are stripped out the system.

The point I am making is that more and more people either think they know it all, or know enough so they believe they don't need professional guidance. This isn't helped by attempts to simplify the process by the MoJ, or the mainstream press who misreport I matters in on of their 'helpful' articles.

I am sure absolutely nothing will be done about.