legal & financial
ACTING AS AN ATTORNEY: IS IT IN THEIR BEST INTERESTS?
K
athryn Smith Cowap, a Partner in the Private Client team at Wansbroughs Solicitors considers the care that needs to be taken by attorneys. It is said that ignorance is bliss but, for attorneys acting under an Enduring Power of Attorney (EPA) or a Lasting Power of Attorney (LPA), ignorance of their legal responsibilities may be anything but blissful. The relationship between attorneys and the person who appointed them (their donor) is fiduciary, meaning attorneys must always act in good faith, with honesty and integrity. Attorneys must not allow themselves
to be put in a position where the duties they owe to their donor conflict (or may conflict) with their Kathryn Smith Cowap
own personal interests. Failure to do so may result in attorneys being personally liable to their donor. Attorneys are governed by the Mental Capacity Act 2005 and should follow the principles set out therein, as well as familiarising themselves with the Code of Practice which accompanies the Act. If you are an attorney and would like to understand your legal responsibilities, Wansbroughs would be happy to help. Please get in touch with us via email at wealth@wansbroughs.com. • wansbroughs.com
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