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Make Power of Attorney recommendations legally binding.

Submitted on Thursday 2nd August 2018

Rejected on Monday 13th August 2018

Current status: Rejected

Rejection code: no-action (see below for details)

Petition Action

Make Power of Attorney recommendations legally binding.

Petition Details

People are misusing the Power of Attorney; not taking into account what the person would have wished when they had mental capacity. They are wrongly taking their finances, and refusing other friends and family members to visit and contact. At present no legal body will intervene.

Additional Information

"I would never sign a lasting PoA because it can have a devastating effect on family relationships." - Ex-Judge Denzil Lush having passed judgement on 6000 cases.

If the recommendations were legally binding the PoA Board would have authority to act on cases of misuse.

When PoA is set up, the person should set up a record of their wishes. Once PoA is initiated this record together with the record of their finances should be logged with the board as a baseline for future reference.


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This petition was rejected

The Government e-Petitions Team gave the following reason:

Petitions need to call on the Government or Parliament to take a specific action.

We're not sure exactly what you'd like the Government or Parliament to do. In particular we're not sure what you mean by "make Power of Attorney recommendations legally binding". In serious cases, the Court of Protection already has the power to cancel a lasting power of attorney or an enduring power of attorney.

You could start a new petition explaining clearly what you'd like the Government or Parliament to do.

If you are concerned that an attorney or deputy is making decisions that aren’t in the best interests of the person they’re responsible for, you can report it to the Office of the Public Guardian. You can find out more here:

www.gov.uk/report-concern-about-attorney-deputy

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