Trusted attorney sent to prison for fraud: The dos and don’ts of choosing an attorney
Trusted attorney sent to prison for fraud: The dos and don’ts of choosing an attorney.
Choosing an attorney is one of the most important decisions you can make. You are entrusting someone to make decisions on your behalf should you lose capacity. Before you choose who you’d like to act, there are several important things to consider.
People often choose family members as their attorneys, but this doesn’t guarantee that they will act in your best interests.
For example, a woman appointed her nephew, David Eggleton to be her power of attorney and he spent her £600,000 savings on paying off his mortgage, going on holidays, buying cars, and investing in Bitcoin and a garden makeover. He fraudulently created a loan agreement and forged his aunt’s signature. David was found guilty of fraud and perverting the course of justice and was sentenced to five years and six months in prison.
While this may seem an extreme example, choosing the wrong attorney can bring numerous negative consequences including stress and worry. By choosing your attorneys carefully, you can ensure as far as possible that they will act in your best interests if the need arises.
What is a lasting power of attorney?
A lasting power of attorney (LPA) is a document that is used to nominate another person (or several people) to act on your behalf, should you lose capacity. There are two types of LPA: property and financial affairs, and health and welfare.
How do lasting powers of attorney work?
If you lose capacity, your attorneys will be able to carry out tasks such as managing your bank accounts, selling your property (if necessary) and authorising or refusing life sustaining treatment on your behalf. Your attorneys are responsible for making really important decisions for you, which is why it is crucial that you choose wisely.
What makes a good attorney?
A good attorney is someone who you can wholeheartedly trust to act in your best interests, at all times.
If you are choosing numerous attorneys, it is a good idea to make sure they all get along well and have good communication skills. You don’t want to appoint two attorneys who always disagree with each other, as this can be problematic and lead to unnecessary delays in decisions.
You should choose attorneys who are most likely to know what you would want to happen in any given situation. For example, you may have lots of family members, but your best friend of 20 years knows you better than you know yourself. You may feel inclined to choose a family member, but your best friend is more likely to make the right decision for you in the circumstances.
What makes a bad attorney?
A ‘bad’ attorney is someone who does not have your best interests in mind when making decisions for you.
Surprisingly, an example of this can be family members who are due to inherit under your will. If your nephew is due to inherit, do you trust him to spend your money in accordance with your best interests? Will he choose the best, most comfortable care home, or will he choose the cheapest one so that his inheritance pot is bigger? These are difficult questions that you need to consider before choosing an attorney.
Another example of this is someone who struggles to make decisions in their daily life. If you need a decision to be made quickly, you need to trust that your attorneys will action this as soon as possible, rather than taking their time and acting without urgency.
How can we help?
Choosing an attorney is something personal to you. While we can’t decide for you, we can advise you on the ‘dos and don’ts’ before you make your decision.
For assistance and advice, call Personal Law Partner Ann Christian on 01943 885 782 or email ku.oc1780419938.fcl@1780419938naits1780419938irhca1780419938.
This article was drafted by trainee solicitor Sara Coleman.
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