Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps he is taking to prevent financial abuse through the misuse of lasting power of attorney.

When the Office of the Public Guardian (OPG) registers a lasting power of attorney (LPA), it provides attorneys with access to the Mental Capacity Act Code of Practice and supporting guidance which includes information on their legal duties and responsibilities. If someone believes an attorney has breached these duties, they can report it to OPG. Under Section 58 of the Mental Capacity Act 2005, OPG has the power to deal with complaints or representations about the way in which an attorney is exercising their powers. Where necessary, OPG refers cases to the Court of Protection and other agencies such as local authorities or the police.

The Government’s modernising lasting power of attorney project will further increase safeguards. It will strengthen the process for witnessing the donor signing the LPA, introduce identity verification and create a clearer process for objecting to the registration of an LPA, so it can be used by a wider group of people and organisations. Where cases of abuse or misuse still arise, OPG’s existing powers to consider concerns about attorneys’ actions will remain.