Lasting Power of Attorney Debate

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Department: Ministry of Justice

Lasting Power of Attorney

Valerie Vaz Excerpts
Tuesday 28th October 2025

(2 days, 5 hours ago)

Westminster Hall
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Valerie Vaz Portrait Valerie Vaz (in the Chair)
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I remind Members that they may make a speech only with prior permission from the Member in charge of the debate and the Minister. As is the convention for a 30-minute debate, there will not be an opportunity for the Member in charge to wind up.

Fabian Hamilton Portrait Fabian Hamilton (Leeds North East) (Lab)
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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.