Can a Lasting Power of Attorney be abused?

A Lasting Power of Attorney (LPA) is one of the most important legal documents a person can sign when planning for their future. LPAs are often prepared well in advance of being required, as part of sensible future planning. 

The person creating the LPA is known as a donor. An LPA can provide the donor with reassurance that if illness or accident were to happen, the right trusted people are in place to deal with their affairs. However, an LPA is not simply an administrative form, it is a powerful legal document that requires careful consideration and preparation. 

What is a Lasting Power of Attorney?

An LPA allows the donor to appoint one or more trusted individuals to make decisions and take actions on their behalf. There are two types of LPA available:

1. Health and Welfare LPA - where a donor can make decisions about the type of medial treatment the donor receives, which can only be invoked after the donor is no longer able to make those decisions for themselves; and
2. Property and Finance LPA - where a donor requires practical help managing their financial affairs either because they have lost mental capacity, or because they would prefer someone, they trust to help them with these tasks. 

The person making the LPA is known as the donor. The person appointed to carry out tasks on the donor's behalf is known as the attorney. 

An attorney is under a legal duty to act in the donor’s best interests at all times. That duty is an important safeguard, but it does not remove the need for care when the LPA document is being prepared. In the case of a Property and Financial LPA, the donor will be giving another person authority to access bank accounts, deal with property, manage investments and make significant financial decisions. That is why it is so important to appoint someone you trust. 

Can Powers of Attorney be misused?

Unfortunately, there have been cases where a Lasting Power of Attorney has been abused or misused. 

Sky News have recently reported on a case where they tracked down an attorney who had abused their position of trust for personal financial gain. According to Sky, Joan Green, an 89-year-old retired accountant from Chorley, was isolated from her family during the COVID-19 pandemic and was persuaded to grant her so-called carer Pamela Gwinnett Lasting Power of Attorney. Sky reported that Gwinnett then used that power to steal almost £300,000 of Joan Green’s estate by various means. 

The case attracted national attention not only because of the scale of the abuse, but also because Sky later reported that Gwinnett had fled to Tenerife in breach of her bail conditions. Gwinnett was sentenced in her absence to six years’ imprisonment in October 2025 but is still living in Tenerife. 

In his sentencing remarks HHJ Michael Maher said “but to you (Gwinnett), Joan Green was simply a cash cow to be milked until she was dry”.

This is clearly an extreme example of how a Lasting Power of Attorney can be abused, but there are many examples of how a donor's trust can be broken by an attorney including:

• withdrawing cash from the donor's bank account without their consent and using for the attorney's own purposes;
• selling assets belonging to the donor without their authorisation;
• making gifts of cash or other belongings to the attorney's family, without the donor's knowledge or consent. 

Get legal advice to set up a Power of Attorney

The serious abuse by Gwinnett does not mean people should avoid making LPAs. In fact, quite the opposite. Used properly, an LPA is an important safeguard that allows someone to plan ahead with confidence. However, with that power in the wrong hands, it can become a route to financial abuse and exploitation. 

A solicitor can help ensure that the donor understands the difference between the two types of LPA, the extent of the powers being granted and the real life consequences of signing the document. Legal advice can also help a donor decide who should be appointed as attorney, whether more than one attorney should act on behalf of the donor, whether replacement attorneys should be named and whether any restrictions or guidance should be included. This can be particularly important where there are family tensions, concerns about financial vulnerability, substantial property or cash assets or any risk that the donor may be under the influence of other individuals. 

A Lasting Power of Attorney is not just a form to sign and file away. It is a powerful legal document that can offer protection, certainty and peace of mind, but only if it is prepared carefully and with the right considerations. If you would like advice about putting a Lasting Power of Attorney in place, our private client team can help you prepare a document that reflects your wishes and properly considers the protection it is intended to provide. 

If you are worried that a loved one has signed a power of attorney which is being misused, our expert litigation will be able to advise you about what you can do. 

Contact us to find out how we can help you.