Attorney Affairs

I read the recent BBC news article about a professional Attorney accused of mishandling his clients’ finances.  As part of a team that specializes in Attorney Affairs who understand the level of trust our clients and their loved ones place in us and our work, I was extremely disheartened. It is a privilege to be able to help and guide clients and attorneys alike through a time that can be daunting and deeply emotive for all involved.

Attorneys must always act in the Donor’s (the person granting power to an Attorney) best interests at all times, regardless of whether the Donor does or does not have capacity. Until proved otherwise, the assumption should always be that the Donor retains capacity, and therefore autonomy to make decisions in relation to their property, their finances, their care and their health.

As there is no mention in the article of either of the clients mentioned having lost capacity, I will assume that they each retained capacity and so should have, at the very least been consulted in relation to any decisions being made of their behalf. The Mental Capacity Act (MCA) 2005 states that any person making decisions, such as under scope of a Power of Attorney, “must, so far as reasonably practicable, permit and encourage the person to participate, or to improve their ability to participate as fully as possible in any act done for them”.

If someone thinking about preparing a Lasting Power of Attorney is considering appointing a professional Attorney, there are some steps they can take to protect themselves and be confident in who they are appointing:-

• Read testimonials – legal professionals will usually have their own profiles on their company’s website where they can display testimonials from clients.
• Research your lawyer – as well as client testimonials, if a legal professional holds a membership with The Association of Lifetime Lawyers (ALL) or the Society of Trust and Estate Practitioners (STEP), this should also be noted on their profile. Both the ALL and STEP hold their members to a high standard of professionalism, so having either of these memberships is a good sign that the legal professional, knows their obligations, has undertaken to uphold certain standard and provide a great service to their clients.
• Ask for recommendations – a family member, a friend or a colleague might be able to recommend a legal professional that they have had a positive first hand experience with, or know of someone who can.

It is the responsibility of everyone working with vulnerable people to put that person first and behave beyond reproach and for every person working for a regulated law firm to uphold public trust and confidence in the legal profession.  It is a great shame to read stories such as this where that appears not to have happened, but I am, however, confident that this gentleman is an exception and not representative of the profession as a whole.

We at Mayo Wynne Baxter pride ourselves on our professionalism, and always have the best interests of our clients at the heart of what we do. We take the time to get to know our clients, their needs and their wishes so that we can continue to do right by them, and so they can rest assured that they are in safe hands.

Please do not hesitate to contact our specialist Attorneys Affairs Team if you have any questions or concerns; we are always happy to help.

Tel: 01273 477071

Email: trowden@mayowynnebaxter.co.uk / adodsworth@mayowynnebaxter.co.uk