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Courts enforce lasting power of attorney

In a recent case a tribunal judge highlighted the importance given to powers of attorney by the courts.

The Department for Works and Pensions (DWP) was criticised for allowing Birmingham City Council to be the appointee and deal with the benefits of an elderly lady who had gone into a care home.

The lady already had a power of attorney appointing her nephew to manage her financial affairs.

The judge also stated it was inappropriate for the DWP to tell the nephew that he had no right to information about his aunt’s benefits.

Specialist wills and probate solicitor, Katy Burgin commented on the case: “A lasting power of attorney (LPA) allows you to choose who can make decisions on your behalf when you are unable to make them yourself. This case highlights that your choice is likely to be upheld by the courts and the LPA will take precedence over other attempts to control your finances.”

If you would like to know about lasting power of attorney contact our friendly team for a no obligation chat about your options Рcall 01302 320621.