When it comes to concerns about an LPA in Essex, it is vital to raise these kinds of issues as soon as possible and Laura Richardson provides a discussion of how concerns about an LPA in Essex are to be raised.

I am worried about the decisions that are being made as a result of my mother’s LPA (Lasting Power of Attorney). How can I report my concern?

Sadly, this kind of question is all too common!

An LPA is a legal document which allows someone (a donor) to hand over important decisions regarding either their health and welfare, or their property and finances to a trusted person of their choosing, referred to as an Attorney.

Under a Health and Welfare LPA the appointed Attorney can make decisions regarding day-to-day care and routines, medical treatments, life-sustaining treatments and even whether the donor should be moved to a care home. This type of LPA is activated when the donor becomes incapable of making their own decisions.

Under a Property and Financial LPA the appointed Attorney makes decisions regarding managing the donor’s money and property, collecting benefits and pensions, and also paying bills. This type of LPA can be activated instantly with the donor’s permission, and the Attorney can either assist in the making of decisions, or make the decisions entirely, dependent upon the donor’s instructions.

Objecting to the registration of an LPA:

There are many reasons that you may wish to object to an LPA being registered. If any of the following apply you can make your objection to the Office of the Public Guardian, via www.gov.uk/object-registration. However, it is advisable to obtain legal advice from a specialist firm such as Andrew Douglas Wills and Legal Services before officially lodging a complaint.

  1. The LPA isn’t accurate.
  2. The LPA has been fraudulently registered.
  3. The donor was pressured into registering an LPA.
  4. The donor didn’t have the mental capacity to make an LPA.
  5. The Attorney is not acting in the best interests of the donor.

Concerns regarding the registration of an LPA must be made within 3 weeks of being notified of that registration in order to be considered.

Objecting to an existing LPA:

Another reason that you may wish to object to an LPA is that you feel that the Attorney is not acting in the best interests of the donor, or is putting the donor at risk personally or financially. Urgent allegations of physical or mental abuse should be directed to the appropriate authorities via contacting 999. However, other objections can be directed to the Office of the Public Guardian to investigate. Objecting to an LPA is a serious allegation and therefore it is highly advisable to seek professional advice from an appropriately experienced Solicitor. At Andrew Douglas Wills and Legal Services, we specialise in this area of the Law and therefore can offer comprehensive and relevant advice regarding your concerns. If you would like to discuss your concerns with an LPA in Essex and how to proceed, contact Andrew Douglas Wills and Legal Services today to arrange your free initial consultation.

If you would like to keep up with our latest posts about aspects of estate planning, then please also –

Follow us on Twitter at https://twitter.com/ADouglasWills.
Follow us on Facebook at https://www.facebook.com/AndrewDouglasWills

and check out the rest of our website at www.andrewdouglaswills.co.uk/home for more information.