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Private Client Section

Retired judge warns about powers of attorney

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A retired senior judge has warned that the public needs to be alerted to risks arising from a lack of safeguards in the power of attorney system. 

Former Court of Protection judge Denzil Lush said he would never sign a lasting power of attorney because it can have a ‘devastating effect’ on family relationships. 

Power of attorney allows someone – usually a family member - to make a financial decision for someone who believes they are unable to do so. 

Responding, Joe Egan, president of the Law Society, said placing financial and health affairs in the trust of a particular individual should be carefully thought through. 

He added: ‘Because of the significant influence a power of attorney places over your affairs, it is important to get legal advice from a solicitor on whether it is right for your circumstances. 

‘While the risk of exploitation in these difficult circumstances can never be entirely eliminated, a solicitor can help prevent abuse, reduce the risk of trouble, and ensure those who need them can get these important documents in place to ensure someone is there to look after their affairs when they are no longer able to look after themselves.’

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