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<p>When someone makes a Lasting Power of Attorney (LPA) a ‘certificate provider’ is
required to be impartial and sign the application to certify that the donor is making
the LPA by choice, has not been put under any pressure and understands its implications.</p><p>
</p><p>Under the Mental Capacity Act 2005 the holder (‘donee’) of a LPA must act in
the donor’s best interests, whatever the cause of loss of capacity. The Court of Protection
(CoP) has the power to revoke a power of attorney if the donee acts in a way that
is not in the donor’s best interests. There may also be a criminal investigation.</p><p>
</p><p>Any concerns about the use of a power of attorney should notify the Office
of the Public Guardian (OPG) which registers LPAs and has the power to investigate.
The OPG acts on such ‘safeguarding referrals’ from relatives, local authorities, care
homes and financial institutions. OPG works with organisations such as the CoP, local
authorities and the police to protect donors.</p><p>OPG received a total of 2,681
safeguarding referrals during 2015/16 and investigated 876 cases, of which 151 cases
resulted in an application to the CoP.</p>
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