• Contact
  • About
  • ISSN 3049-9720
  • Authors and editors
NEWSLETTER SIGN UP
Yorkshire Bylines
Advertisement
  • Home
  • News
    • Brexit
    • Culture
    • Education
    • Environment
    • Home Affairs
    • Transport
    • World
  • Politics
  • Opinion
  • Society
    • Food
    • Music
    • Poetry
    • Sport
  • Business
    • Economy
    • Science and Technology
    • Trade
  • Region
No Result
View All Result
  • Home
  • News
    • Brexit
    • Culture
    • Education
    • Environment
    • Home Affairs
    • Transport
    • World
  • Politics
  • Opinion
  • Society
    • Food
    • Music
    • Poetry
    • Sport
  • Business
    • Economy
    • Science and Technology
    • Trade
  • Region
No Result
View All Result
Yorkshire Bylines
Home News Health

Lasting power of attorney – a question of trust

Leeds MP Fabian Hamilton warns that lasting power of attorney abuse is going unchecked. Can his proposed reforms fix a failing system?

Josephine Ingram by Josephine Ingram
14-02-2025 06:45 - Updated on 30-03-2025 21:17
in Health, Home Affairs, Society
Reading Time: 6 mins read
A A
Senior couple walking together in street

Older couple walking hand in hand image by pasja1000. Free for use under the Pixabay Content License

Share on Bluesky

Many of us, towards the end of our lives, will make use of a lasting power of attorney (LPA) so that our loved ones can make decisions in our best interests on our health and/or our finances. The system was designed to safeguard vulnerable and elderly people, so that their affairs can be protected and administered by those who are best placed to do so.

However, in some cases, the LPA system is not only letting people down but is actively being abused. I spoke to Fabian Hamilton MP, who has introduced a private members’ bill to tackle some of these abuses.

Abuse of LPA legislation

I asked him how this issue first came to his attention.

“My interest in the whole issue of LPA abuse sprang out of the predatory marriage rights issue, and that started when a (then) constituent of mine, Daphne Franks, came to see me in 2018 with a shocking tale of the way her mother had been treated.”

Unknown to her family at the time, Joan Blass had married a man who was 24 years younger than her, in secret, five months earlier. She had no capacity to consent to marriage, having been diagnosed with vascular dementia, her daughter explained. Yet the marriage was considered legal and – as, under the current system, a remarriage revokes any previous will – her husband inherited her entire estate.

Existing legislation

I asked Hamilton whether there was existing legislation on safeguarding vulnerable adults, that would prevent this type of abuse.

“There is legislation, yes. But legislation is only as good as the people who enforce it, and the problem is that it isn’t being enforced. The one body that’s supposed to regulate LPAs is the Office of the Public Guardian and they simply aren’t doing their job.

“I’ll give you an example. Someone goes into a bank with an LPA certificate. He’s not related to the person who’s been granted the LPA, but he hands it over to the bank and says ‘I want to open an account in my name, and I want you to transfer the [donor’s] balance to my account’.”

“A ruling from the Court of Protection requires a bank to question any request to transfer more than £8,000 from the donor’s to the attorney’s account. The bank is legally required to contact the Court of Protection or the Office of the Public Guardian. However, while many banks are doing this, some aren’t. So even though it is a legal requirement, nobody’s monitoring it.”

Going unchecked

Nor is it just the banks who aren’t doing the necessary checks. Daphne Franks had an LPA for her mother, but this was not checked for at the time of her marriage. According to the registrar, Joan Blass was “smiling”, so the registrar assumed she was consenting to the marriage. However, her diagnosis meant that she had no capacity to consent. Forced marriage (which includes those where one of the pair doesn’t have capacity) is a criminal offence. Following the meeting with his constituent, Hamilton raised this issue with the registrar general, who has now added information on this issue to their training.

When he looked into LPAs more closely, Hamilton discovered further abuses of the system:

“What we realised was that it was more than just about predatory marriage revoking a previous will. It was people actually giving LPA legitimately to either close relatives, or sometimes not even relatives at all if they didn’t have family; in one case, it was a lodger! In a very small number of cases, people were being horribly abused and having advantage taken of them by the person who was granted the LPA.”

Photo by Sandy Millar on Unsplash
Home Affairs

A perfect storm for predatory marriage

by Daphne Franks
15 July 2020 - Updated on 28 August 2024

Who guards the guardians?

“There are about eight million LPAs registered across the country. So even if you have 0.1% abuse, that’s an awful lot of abuse. We realised that this was actually much bigger even than the predatory marriage issue – which although widespread, is not that common. This does seem to be quite common. Possibly every MP in the country’s got a dozen or more cases going on.”

All of this comes back to the Office of the Public Guardian, according to Hamilton.

“It’s a failure of inspection and regulation, rather than a piece of legislation nobody knew anything about. And it is being exploited by a tiny number of unscrupulous individuals. The long and short of it is that the Office of the Public Guardian should be fit for purpose.”

Cross-party support for change

Hamilton believes that the online LPA database held by the Office of the Public Guardian, detailing from and to whom they have been granted, should be accessible to third parties, so that checks can easily be made. Currently only the holder of the LPA can access this record. “It’s important that anybody who needs to know is able to find out who’s got power of attorney and who the donors are.”

Currently, the private members’ bill is due to be read again on 20June, but Hamilton is going to try and see somebody from the Ministry of Justice to ask them to listen to the issues and hopefully incorporate this into whatever legislation they are planning that will cover this area of work.

“There is cross-party support for the bill. It’s not a controversial issue; it’s a safeguarding issue. Everybody supports it because who would not want to prevent the abuse of older people? Every single member of parliament will have one or more cases in their constituency.”

“The Office of the Public Guardian needs to remove its financial sustainability mission statement in favour of a mission about the safeguarding of vulnerable people.”

If you, or anyone you know has been affected by any of the issues in this article, please write to your MP.

CLICK HERE TO SUPPORT THE BYLINES NETWORK CROWDFUNDER!

Sign up for the Yorkshire Bylines newsletter

* indicates required

Consent for having Bylines Network store my submitted information

You can unsubscribe at any time by clicking the link in the footer of our emails. For information about our privacy practices, please visit our website.

We use Mailchimp as our marketing platform. By clicking below to subscribe, you acknowledge that your information will be transferred to Mailchimp for processing. Learn more about Mailchimp's privacy practices.

Josephine Ingram

Josephine Ingram

Jo Ingram is the student and education co-ordinator for Bylines Network and also edits articles for Yorkshire Bylines. She previously worked in further education in West Yorkshire. She swims regularly and is learning French and German. Follow her on Bluesky

Related Posts

Cricket player batsman hitting a ball with a bat shot from below with cricket stadium ground background
Opinion

How has Hawk-Eye changed the game of cricket?

by Dr John Elsom
10 September 2026
Drone photograph showing the very low water levels in Scar House Reservoir during the 2025 heatwave and drought. Months of below average rainfall have left the reservoirs looking very dry
Environment

Will there be enough water to satisfy demand in 2050? Part two

by Patrick Wright
9 September 2026
Aerial view of a dramatically low Woodhead Reservoir during drought conditions, The reservoir, part of a system supplying drinking water to Greater Manchester, lies in North Derbyshire, June 2025
Environment

Will there be enough water to satisfy demand in 2050? Part one

by Patrick Wright
8 September 2026 - Updated on 9 September 2026
Two wooden Adirondack chairs painted with the Canadian flag sit side by side at the end of a dock, facing out over a calm Muskoka lake in Ontario's cottage country. The red maple leaf stands out crisply against the white painted slats, while long shadows stretch across the warm wood planks. Still, mirror-like water reflects the forested shoreline that frames the lake under a soft blue summer sky. Shot from behind in a rear view, the two empty chairs invite the viewer to sit, relax, and take in the peaceful waterfront scene. With no people in the frame, the image captures the quiet beauty of Canadian cottage life, evoking tranquility, escape, and slow summer days at the lake. This patriotic Canada Day image suits travel and tourism, cottage and real estate marketing, lifestyle content, and summer long weekend campaigns. The flag-painted chairs make it especially well suited to Canada Day, July 1st, and national pride themes, as well as broader ideas of relaxation, leisure, and the idyllic Canadian lakeside lifestyle.
Culture

What Yorkshire looks like after the family tree crosses the Atlantic

by Joshua W J Brown
6 September 2026
A cabin nestled amidst snow-covered fir trees on a mountain clearing in the winter. Aurora borealis. Northern lights in winter forest. Christmas holiday and winter vacations concept
Culture

From cultural revival to devolution: can Yorkshire follow Finland’s lead?

by Colin Speakman
5 September 2026
Next Post
Cartoon showing Nigel Farage with a megaphone

Do Reform UK Ltd supporters really want a dictator?

PLEASE SUPPORT OUR CROWDFUNDER

BROWSE BY TAGS

Art Books Boris Johnson Bradford Charity Climate Change Cost of Living Covid-19 Creative Industries Crime Democracy Devolution Donald Trump Environment Equality Experience Farming Festival Gaza Conflict General Election History Human Rights Immigration Iran Journalism Keir Starmer Labour Leeds Media Mental Health NHS Northern Ireland Protocol Pollution Poverty Recipe Refugees and Asylum Seekers Restaurants Retained EU Law Review Rishi Sunak Sheffield Theatre Travel Ukraine USA
Yorkshire Bylines

We are a not-for-profit citizen journalism publication. Our aim is to publish well-written, fact-based articles and opinion pieces on subjects that are of interest to people in Yorkshire and beyond.

Yorkshire Bylines is a trading brand of Bylines Networks Limited which is separate to, but allied with, Byline Times.

Learn more about us

No Result
View All Result
  • About
  • Authors and editors
  • Complaints
  • Contact
  • Donate
  • Letters
  • Privacy
  • Network Map
  • Network RSS Feeds
  • Submission Guidelines
  • Download the Bylines Network App

© 2020-2026 Yorkshire Bylines. Powerful Citizen Journalism. ISSN 3049-9720

No Result
View All Result
  • News
    • Brexit
    • Education
    • Environment
    • Health
    • Home Affairs
    • Transport
    • World
  • Politics
  • Opinion
  • Society
    • Culture
    • Dance
    • Food
    • Music
    • Poetry
    • Recipes
    • Sport
  • Business
    • Economy
    • Science and Technology
    • Trade
  • Region
  • The Davis Downside Dossier
  • The Digby Jones Index
  • Cartoons by Stan
  • Authors and editors

Newsletter sign up

CROWDFUNDER

© 2020-2026 Yorkshire Bylines. Powerful Citizen Journalism. ISSN 3049-9720