Lasting Powers of Attorney- Preventing Risk of Abuse

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Course Overview

Lasting Powers of Attorney was introduced in October 2007 with the intention of preventing the financial abuse of vulnerable people.

There is no doubt that LPA and the safeguards which this has introduced has served to reduce the problem, however given that the system operates on a basis of trust and intervention by public authorities is minimal at best, practitioners must be vigilant to the risk of abuse which remains, and be aware of how this can countered in practice and prevented in the future.

During this course experienced practitioner and lecturer Caroline Bielanska will discuss the statutory safeguards in place, what they safeguard against and how effective they have been in practice.

This course will also consider recent cases in which attorneys have been found to abuse their authority and have acted in a manner which was not in the donor’s best interest, including;

  • Re Harcourt; The Public Guardian v A (31 July 2012)
  • Re Buckley; The Public Guardian v C (22 January 2013)

What are the requirements?

Learning Outcomes

  • On completion of this course you will:

    • Familiar with the role of the Public Guardian and the registration process
    • Understand the circumstances in which an attorney can be removed
    • Be aware of the selection and role of notified persons and certificate providers
    • Know how to ensure the safeguards are upheld
    • Feel confident when advising the client on choosing the right attorney
    • Be able to identify whether a proposed attorney has the necessary skills or whether they will require training
    • Know how to raise and act upon concerns that abuse is suspected

What is the target audience?

  • Private client practitioners

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About Instructor - Caroline Bielanska

Caroline is the former Chief Executive and former Chair of Solicitors for the Elderly, an organisation she helped to found in 1999. She lectures regularly  and is well known in her specialist field, advising older and vulnerable adults who have limited physical and/or mental capacity.

Caroline has a national media profile, and is a regular panellist on BBC Radio 4’s Money Box Live and regularly interviewed in for TV, radio, magazines and national press.

Course Curriculum

recorded webinar

  • Webinar
    01:01:08

Documentation

  • Slides
    22 Page

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