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Court action against power of attorney misuse reaches highest-ever levels

Thursday, 10 October, 2019

The England and Wales Office of the Public Guardian (OPG) applied for court orders against attorneys alleged to have behaved poorly in more than 700 cases in 2018/19, by far the largest number ever.

The number of legal actions taken by the OPG against people with lasting power of attorney (LPA) has more than doubled over the past two years, according to data obtained by law firm Nockolds. The increase is much faster than the increase in the number of attorneys on the register, suggesting that financial misconduct is becoming disproportionately common among attorneys. Making improper gifts and not acting in the donor’s best interests are two of the principle reasons for having attorneys either censured or removed.