Legal
UK Lasting Powers Of Attorney Under Spotlight As Controversies Swirl

As populations in developed countries age and diseases such as Alzheimer’s take their toll, the need to protect older people’s financial affairs becomes more urgent.
Complaints about alleged financial misconduct by attorneys acting
under a Lasting Power of Attorney (LPA) reached a record 11,910
in the year to 31 March 2026, according to Ministry of Justice
figures obtained by TWM Solicitors, a law
firm in the south of England.
That figure is up 16 per cent from 10,240 in the previous year
and 25 per cent from 9,538 the year before. Over the same period,
the Court of Protection revoked or partially revoked the
authority of just 263 LPAs.
TWM, a UK private wealth and family law firm, obtained the data
from the ministry. An LPA lets a donor appoint someone to make
decisions on their behalf if they lose capacity. Depending on its
type, that can include running bank accounts and selling the
donor's home.
Attorneys are usually family members or friends rather than
professionals, and they need no qualifications or financial
expertise. Stuart Downey, partner and head of will, trust and
estate disputes at TWM, said problem cases range from outright
fraud to negligence. Fraud includes unexplained withdrawals,
transfers of assets to the attorney and forged signatures. Other
cases involve selling the donor's home below market value or
cutting the donor off from family to conceal mismanagement.
The topic has been highlighted by the saga of renowned British
explorer, Sir Ranulph Fiennes, after family and friends called
for an investigation into his care arrangements. It is alleged
that he has been illegally placed in a series of care homes under
a fake name by his wife. Those close to the 82-year-old want the
Office of the Public Guardian (OPG) to establish whether his wife
Louise Millington-Cotes, 59, is correctly discharging her duties
as his legal guardian. Sir Ranulph’s stepson Alexander
Millington-Cotes is reportedly crowdfunding a legal challenge to
his mother’s lasting power of attorney.
As populations in developed countries age and diseases such as
Alzheimer’s take their toll, the need to protect older
people’s financial affairs becomes ever more urgent. At a recent
conference, this publication heard that the number of HNW
and UHNW wealth holders who are suffering from cognitive
decline is significant, and growing.