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Whistleblowing – abuse of powers of attorney

By 27th February 2014April 4th, 2016Court of Protection news, Media, Mental Capacity Act

There was a brilliant edition of Money Box Live on Radio Four yesterday when Alan Eccles, the Public Guardian, answered enquiries from the public about the workings of his office (Office of the Public Guardian – administrative arm of the Court of Protection). He highlighted a helpine for people who want to report attorneys they believe are misusing their powers in any way. The number is 0115 934 2777 and he assured listeners that their identity would remain confidential if they needed to ring that helpline.

They had a call from a lady whose ex husband was in a home and his sons were being denied access to him because his second wife was blocking access using a power of attorney – a situation such as this would certainly be worth investigation by the Public Guardian because the attorney is not necessarily acting in the donor’s best interests. Attorneys, whether apppointed to manage finances or health and welfare matters, must always act in the best interests of the person they represent and the Office of the Public Guardian may remove an attorney if they believe they are not respecting that obligation.