Advising Lay Attorneys Under LPAs - Duties, Powers & Pitfalls

Introduction

Being appointed as an attorney under a Lasting Power of Attorney (‘LPA’) may be an honour, but it also carries significant legal responsibilities. Attorneys must navigate statutory duties, fiduciary obligations and best interests principles and even well-intentioned decisions can lead to family disputes, scrutiny from the Office of the Public Guardian or Court of Protection proceedings.

For private client practitioners, drafting the LPA is only the beginning. Clients increasingly require practical advice on how attorneys should exercise their powers, manage disputes, support decision-making, handle health and welfare matters and approach difficult financial decisions.

This practical webinar will equip solicitors and fee earners with the knowledge to advise donors, attorneys, deputies and vulnerable clients throughout the life of an LPA. It will explore the common challenges attorneys face once an LPA is in operation, helping advisers provide clear, practical guidance so attorneys can fulfil their duties confidently, appropriately and lawfully.

What You Will Learn

The webinar will cover the following:

• How to identify who your client is when advising donors, attorneys and family members
• The core duties imposed on attorneys under the Mental Capacity Act 2005
• The scope and practical application of an attorney’s fiduciary duties
• How attorneys should apply the statutory principles and best interests framework
• Capacity assessments in practice and the attorney’s role in decision-making
• The limits of an attorney’s authority and when Court of Protection approval is required
• How to approach gifts, loans, maintenance payments and financial support for family members
• Tax planning and inheritance tax considerations, including when specialist advice is required
• The role of health and welfare attorneys in treatment decisions, care arrangements and day-to-day welfare issues