Although some attorneys appointed under a lasting power of attorney may accidentally abuse their powers there are examples of criminal behaviour which occasionally come to light. Deliberate abuse of position is not as uncommon as you might think and with an increasing number of LPAs being registered with the Office of the Public Guardian, it is a worrying trend. There are over 8m active LPAs in England and Wales at the time of writing.
What is a Lasting Power of Attorney?
It is a legal instrument which allows a donor to appoint attorneys to deal with their affairs, either property and financial or health and welfare. It allows the attorney to make decisions on your behalf.
If you want to make a power of attorney online, you can learn more at sites such as //powerofattorneyonline.co.uk.
What happened in the fraud case?
A man, living in Cyprus, had a power of attorney which gave him control of the financial and property affairs of a friend. Over a period of time, he transferred over £15,000 into his own account. Although he flew to England to be interviewed by police, he claimed that the transfers were the result of a previous agreement. His victim, however, told police that he only recalled a £4,000 loan being agreed.
In the end the man pleaded guilty to fraud by abuse of position on ten counts. He received an 18-month sentence, suspended for a period of two years and was additionally ordered to undertake 150 hours of community work.
Act quickly if you suspect LPA fraud.
