On Thursday 26th September, Gorvins’ Wills Trust and Probate department held a seminar on the common mistakes made by attorneys appointed under a Lasting or Enduring Power of Attorney.
The seminar was held in response to the increasing number of cases where attorneys have run into problems which may have been avoided if they had received more guidance on how they are expected to carry out their duties.
Valerie Bown, Partner and joint head of Wills Trust and Probate at Gorvins commented; “We have seen many cases come before the Court of Protection where an attorney has been accused of mismanaging the donor’s money, sometimes through greed, and sometimes through ignorance or incompetence. However, in a recent case, the Senior Judge at the Court of Protection said emphatically “Ignorance is no excuse”. Clearly being an attorney puts you in a position of great trust and responsibility, and attorneys are therefore expected to be fully aware of the scope of their duties.”
“We felt the seminar would be valuable to clients because it is vitally important that attorneys perform their role correctly, to protect the donor but also to protect their own position and ensure their conduct cannot be called into question in the future.“
As well as helping clients to prepare and register LPAs, Gorvins offer attorneys guidance in how to fulfil their role effectively, and the pitfalls to avoid. Although this can done when the documents are initially prepared, many feel that they need this advice at the time when they have to start activating the LPA, so that they are aware of the current requirements.
Gorvins offers an additional regular service to attorneys, preparing annual accounts, applications to the Office of the Public Guardian or the Court of Protection, or any other practical measures they feel they need assistance with.
Tasoula Crosby, Associate Solicitor Wills, Trusts & Probate summed up the seminar “Overall the seminar was well attended; it was really interesting to see the discussion between attendees about their own experiences and the difficulties they have faced. The seminar was a great way to benefit our clients, by providing an extra service giving practical hands-on advice.”
Following the success of this seminar Gorvins will be holding another session in January. For more information please contact Lindsay Iddon atLindsay.iddon@gorvins.com