Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps her Department is taking to help protect pensioners from financial exploitation by people acting under a power of attorney; and what measures are in place to identify, investigate and prevent the misuse of those powers.

Lasting powers of attorney (LPAs) are private legal arrangements which allow a person to choose who they trust to make decisions on their behalf should they lose capacity. Under the Mental Capacity Act 2005, a donor must have capacity when making an LPA and is entitled to make their own decisions about who they trust to act on their behalf. The LPA framework therefore reflects the importance of donor choice and autonomy. There are statutory eligibility requirements and safeguards which mean some people cannot be appointed as attorneys.

The Office of the Public Guardian (OPG) can and does investigate concerns raised about an attorney's conduct and, where appropriate, apply to the Court of Protection to remove attorneys who are not meeting their duties under the Mental Capacity Act 2005. Anyone can report a concern if they are worried about the behaviour of an attorney, including family members or friends, professionals, or members of the public.

In addition, OPG works closely with the financial services sector, including through its engagement with UK Finance, to ensure financial institutions understand when and how to report suspected fraud, financial abuse and other safeguarding concerns involving attorneys and deputies. Financial institutions are able to raise concerns with OPG through established reporting routes, so that concerns about an attorney's conduct can be investigated.