In the UK, a lasting power of attorney, or LPA, is a legal tool that allows someone to act on behalf of another person in matters relating to health, property, and/or finances. While the majority of attorneys act responsibly, misuse can and does happen and is taken very seriously under UK law. 

What is misuse?

Misusing a power of attorney can involve actions such as spending the donor’s money for personal benefit, selling their property without permission, or making decisions that are clearly not in their best interests. Even if the attorney believes they are acting out of convenience or necessity, failing to adhere to the donor’s instructions can constitute misuse.

Is misuse a criminal offence?

Misusing a power of attorney can lead to criminal charges, including fraud, theft, and abuse of position. The Crown Prosecution Service may bring charges under the Fraud Act 2006, particularly where there is evidence of deception or dishonesty. Convictions can result in heavy fines or even a prison sentence. If wrongdoing is found, the court can revoke the power of attorney and appoint a deputy to manage the affairs.

What are the safeguards in place?

To reduce the risk of abuse, the LPA must be registered before it can be used. During this process, the donor can nominate people to be notified, giving others the chance to object if they suspect foul play. Attorneys are also legally obliged to act in the donor’s best interests, keep records, and avoid conflicts of interest.

Many people do not realise how valuable a UK power of attorney can be until it is too late. Solicitors often recommend having a UK power of attorney in place as part of estate planning. You must be 18 or over and have the ability to make your own decisions when you make your LPA.

Misusing an LPA is a breach of trust

Misusing a power of attorney is not only a serious breach of trust but also a criminal act with consequences. If you suspect abuse, report it so that the perpetrator can be held accountable.