Being authorised to act under power of attorney is a big responsibility. It enables someone – the attorney – to make decisions for someone else – the donor – who has granted the power; however, this can be abused in some instances. Let’s look at how a power of attorney can be abused and what can be done about this.
Types of misuse
Someone who completes the process to grant power of attorney online through a company such as /powerofattorneyonline.co.uk/ or in-person puts their trust in someone else to have their best interests at heart; however, this is not always the case. The powers can be abused by someone making decisions that are not in the donor’s best interests or by someone who misuses their property or money.
Misuse can also result in a protected person’s welfare being neglected or appear in the form of actions that go beyond the power of attorney’s scope; for example, the latter could happen if someone makes decisions about a protected individual’s health and welfare when they only have a Power of attorney for property and financial affairs. Misuse could also occur if someone uses a power of attorney illegally, such as if it has not been registered.
What to do in the case of misuse
Many protected people may not be aware their power of attorney is being misused; however, if you suspect something is wrong, you should start by speaking to the protected person if their capacity allows for this. You can also report any concerns to the Office of the Public Guardian.
Contacting the OPG
If you decide to contact the OPG, you will have to provide details of your concerns. The OPG may then contact the person holding the power of attorney to request evidence or an explanation. Details can be passed on to the Court of Protection or other agencies. Action can be taken against holders of power of attorney, which may include asking the Court of Protection to implement measures to ensure the vulnerable person is protected.
