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Enduring Powers of Attorney: Guidelines for Solicitors, September 1999

The Mental Health and Disability Sub-Committee of the Law Society has just published an update on its previous (1996) guidelines for solicitors. It contains a number of additions to the original guidelines which focus, almost exclusively, on the scope for abuse offered by EPAs in respect of vulnerable clients. Para 3.1 states: Many EPAs are made when the donors are already losing capacity, consequently they could be unaware of the implications of their actions and are more likely to be vulnerable to exploitation.

1 November 1999

Enduring Powers of Attorney: Guidelines for Solicitors, September 1999

The Mental Health and Disability Sub-Committee of the Law Society has just published an update on its previous (1996) guidelines for solicitors. It contains a number of additions to the original guidelines which focus, almost exclusively, on the scope for abuse offered by EPAs in respect of vulnerable clients. Para 3.1 states: 'Many EPAs are made when the donors are already losing capacity, consequently they could be unaware of the implications of their actions and are more likely to be vulnerable to exploitation'.

These days it seems to be the received wisdom that EPAs offer considerable scope for financial abuse. The guidelines themselves say that 'the Master of the Court of Protection has estimated that financial abuse occurs in 10 to 15% of cases of registered EPAs, and even more often with unregistered powers' . (Para 4.1.) With all due respect to the Mast...

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