A KENDAL solicitor is defending lasting powers of attorney (LPAs) after comments from a senior judge that power of attorney orders are open to financial abuse.

Nicola Steadman, of Thomson Hayton Winkley, is responding to a warning from Denzil Lush, former senior judge of the Court of Protection, that they may leave elderly people open to abuse.

Nicola, a member of national body Solicitors for the Elderly, and secretary of the Westmorland Law Society, said LPAs are effective safeguards when created responsibly. They allow a person to appoint trusted individuals to make important decisions about care and finances on their behalf, in the event of a loss of mental capacity through an accident or illness such as dementia.

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"Senior Judge Lush’s comments have given rise to fears that LPAs are a direct avenue for financial abuse," said Nicola. "However, his comments must be put into context, as his 20-year career at the Court of Protection will have presented him with the very worst cases of financial abuse.

“An LPA can be a positive and effective legal tool, which ensures your wishes are respected should you ever lose capacity. Senior Judge Lush’s comments should highlight the clear need for professional advice when considering powerful legal documents of this nature.”

Solicitors for the Elderly advises people to plan early and to think carefully about who they want to appoint as their attorney. A professional such as a solicitor can be appointed, as well as or instead of a family member.

The group advises people to seek professional legal advice as the best way of ensuring that an LPA is effective, legally robust and safe.