Lasting Power of Attorney

Jim Shannon Excerpts

Tuesday 28th October 2025 Westminster Hall

[Fabian Hamilton (Leeds North East) (Lab)]

I beg to move,

That this House has considered lasting power of attorney.

Thank you for that introduction, Ms Vaz; it is a pleasure to speak this afternoon under your chairship. This debate has been secured at an extremely important time, as lasting powers of attorney continue to be granted across the country. Although it is clear that the vast majority of attorneys act in the best interests of the donor, there is still considerable abuse among the very small minority who do not.

Since the campaign, in which I have been involved, to end the abuse of lasting powers of attorney began, I have received hundreds of testimonies from across the country in respect of vulnerable people who have had their funds stolen or used for purposes not in the interests of the donor. Most of the campaign’s focus has been on the abilities of the Office of the Public Guardian and the implementation of its powers, but it is important to look at the root cause of the abuses and why they are able to occur in the first place.

The abuse often begins following interactions with banks. There is no getting away from the fact that the digitisation of lasting powers of attorney processes has opened the door to abuse from a very small minority of unscrupulous individuals who have taken advantage of the ease with which an attorney can gain access to a donor’s bank accounts. The lack of legislation and duties placed on banks has resulted in an uneven implementation of safeguarding when it comes to lasting powers of attorney. That is why our campaign has called for the implementation of Government-regulated safeguarding procedures for all banks in how they deal with LPAs and the accounts of donors.

[Jim Shannon (Strangford) (DUP)]

I commend the hon. Gentleman for all his hard work in the House. I do not think anybody in this House is not impressed by his dedication, interests and commitment, and this debate is another example.

In Northern Ireland, the enduring power of attorney is a legal document that lets us choose someone to make decisions about our property and financial affairs if we lose mental capacity. Unlike in England and Wales, there is no equivalent of the lasting power of attorney for health and welfare in Northern Ireland. Instead, a separate process is available, through the Royal Courts of Justice, to appoint a controller if no EPA exists. Does the hon. Gentleman agree that the processes both here and back home must be streamlined and accessible, while still ensuring that safeguards are in place to protect people from the abuse of power?

[Fabian Hamilton]

The hon. Member will hear later in my speech how I intend to address the issue of safeguarding, which is one of the most important parts of the process. Let us be clear that, as I said, the vast majority of lasting powers of attorney have no difficulty, problems or issues whatsoever. We need to concentrate our efforts on the small minority who cause the grief, in respect of whom people need to be safeguarded from abuse.

The Government-regulated safeguarding procedures that I mentioned, in respect of all banks in dealing with LPAs and the accounts of donors, would include a requirement to contact the donor or a GP before an LPA is activated, and the monitoring of spending prior to and after its activation.

I am afraid abuse is rife in a small minority of cases, and the recorded increases do not scratch the surface, given that most cases are undetected, not thoroughly investigated and not reported as often as they should be. The Office of the Public Guardian’s annual report made that clear last year. For example, there has been a 6.5% increase in the number of concerns about abuse raised with the OPG, but a slight decrease, from 34.5% to 33.9%, in the proportion leading to a full investigation. That change might seem small, but a lot of people are affected, and every individual concerned has a family, relatives and friends who are deeply concerned.

Two weeks ago, alongside UK Finance, I hosted a roundtable for banks that administer lasting powers of attorney. They verified that the figures cited have been seen in their work on vulnerability, with the OPG admitting that approximately 65% of potential financial abuses are being disregarded simply because the donor is deemed to have capacity. Let us be clear: someone may have capacity, but that does not mean that they cannot be coerced or financially abused.