Sadly, not everyone trusted to look after the financial or welfare aspects of someone lacking mental capacity acts in their best interests. Where you suspect a person is abusing their power of attorney, you should act as soon as possible.
The easiest and quickest way to cancel a lasting power of attorney (LPA), even if it’s been registered, is for the person who made it to revoke it, providing they still have the capacity to take that decision. They can then bring court action to recover any lost money. An unregistered enduring power of attorney (EPA) can be revoked in a similar way.
Where a person no longer has capacity, you can ask the Office of the Public Guardian to investigate, or apply directly to the court to revoke the power of attorney and, where possible, reclaim the lost assets. To do this you will need to sign a formal document, a Deed of Revocation, and you may want to get legal advice about this.
Our expert team of solicitors can advise you if you are concerned about the actions of an attorney and, where necessary, help you apply to the court to remove them and recover funds.
