Safeguarding and Lasting Power of Attorney: What You Need to Know
Creating a Lasting Power of Attorney (LPA) is an important step in planning for the future. It allows you to choose trusted people to make decisions on your behalf, should there come a time when you are unable to make those decisions yourself. While most LPAs are created safely and with good intentions, the process can raise potential safeguarding considerations and it’s important to understand what they are, how they are managed, and what supports are in place to protect you.
At Sky Social Work, safeguarding is central to the way we work. This article explains how concerns can arise, what our role is as assessors and certificate providers, and how organisations such as the Office of the Public Guardian (OPG) and Adult Social Care help keep people safe.
Granting someone the legal authority to manage your finances or make health and welfare decisions is a significant step. Unfortunately, situations can arise where a person feels pressured, manipulated, or coerced into choosing a particular attorney. In other cases, someone may freely name an attorney, but later experience abuse, neglect, or misuse of power after the LPA has been registered. It is essential that each person appointing an attorney does so voluntarily, understanding what the role involves, and free of external pressure.
When Sky Social Work acts as an assessor or certificate provider during the LPA process, our core responsibilities are to ensure that:
The person understands what an LPA is.
They understand who they are choosing and what powers they are giving.
They have mental capacity to make the decision.
They are not being coerced, pressured, or unduly influenced in appointing their attorney(s).
We provide independent, professional evidence that the decision has been made freely, in the person’s own right. This is an essential safeguard at the point of the LPA being completed.
However; even if someone has capacity and freely appoints an attorney, this does not mean they are no longer at risk of abuse in the future.
Life can change, relationships can shift, and circumstances can develop that place someone at risk. Safeguarding remains relevant long after the LPA is signed.
Once an LPA is registered, the Office of the Public Guardian (OPG) is responsible for monitoring and overseeing attorneys. Their role includes:
Ensuring attorneys act within the law and in the donor’s best interests
Investigating concerns or allegations of misuse
Taking action; ranging from support and guidance, to court involvement, if an attorney is not acting appropriately
If you no longer want your attorney to act on your behalf, you can request that the LPA be revoked by contacting the OPG.
If you or anyone else has concerns and this is raised to the OPG, they will then begin an investigation, gather information from professionals involved, and determine the appropriate steps to protect your rights and wishes. It is likely that if the OPG receives information suggesting that someone may be experiencing abuse or is at risk, they will liaise with Adult Social Care as local authorities have a statutory duty under the Care Act 2014 to investigate concerns, assess risk and support and protect individuals with care and support needs
An attorney holds significant power and responsibility, so it’s important to consider carefully who you trust, who understands your values and preferences, who will genuinely act in your best interests and who has the time and ability to carry out the role responsibly.
Final Thoughts
Lasting Powers of Attorney are incredibly valuable tools for protecting your future. But they also come with important safeguarding considerations. As assessors and certificate providers, our priority is to ensure that your decision is yours alone, made with full understanding and free from pressure.
And if things change in the future, safeguards are in place. The OPG and Adult Social Care work together to investigate concerns, protect individuals, and ensure that attorneys fulfil their duties lawfully and ethically.
If you are thinking about setting up an LPA, or have questions about choosing the right attorney, Sky Social Work is here to support you.
