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What Happens If Your Attorney Gets It Wrong?

A Lasting Power of Attorney can be one of the most important legal documents you ever sign.



It allows someone you trust to make decisions on your behalf if you become unable to do so yourself.


But what happens if that person makes mistakes?


Attorneys Carry Serious Responsibilities


Many people choose attorneys because they trust them.


Trust is important.


However, acting as an attorney involves more than good intentions.


Attorneys have legal duties.


They must:


  • Act in your best interests

  • Keep finances separate

  • Maintain appropriate records

  • Avoid conflicts of interest

  • Follow the principles of the Mental Capacity Act


Most Problems Are Not Deliberate


When people hear stories about attorneys getting things wrong, they often imagine fraud or theft.


While abuse does occasionally occur, most issues arise through misunderstanding.


Examples include:


  • Poor record keeping

  • Informal loans to family members

  • Mixing personal and donor finances

  • Gifts that exceed legal authority

  • Failing to consult others appropriately


Choosing the Right Person


Being someone's child does not automatically make someone the best attorney.

The role requires:


  • Organisation

  • Integrity

  • Reliability

  • Good judgement


Sometimes the most suitable attorney is not the obvious choice.


Education Is Important


Attorneys often receive very little guidance about their responsibilities.

Helping them understand their role can significantly reduce future problems.


Prevention Is Better Than Cure


A carefully drafted LPA is only part of the solution.


Choosing the right attorney is equally important.


The person you appoint may one day make decisions about your home, finances, healthcare and wellbeing.


That responsibility deserves careful thought.


Because when the time comes, getting it right matters enormously.


Contact us today


Let’s make sure you and your loved ones are protected, now and always.



Make time now...for your family and for your peace of mind.

 
 
 

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This website has been published by Peritum Wills Limited.

No advice in relation to Wills & Trusts has been made by Peritum Wills Limited in this site.

 

Peritum Wills Limited is a member of the Society of Will Writers.

Registered office: Peartree Farm, Thorney Road, Guyhirn, Wisbech, PE13 4AG.  


Registered in England No 15533848.

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