When LPAs Go Wrong

Lasting Powers of Attorney, or LPAs, are protective instruments, enabling trusted individuals to manage the affairs of those who can no longer do so themselves. But when trust is abused, the consequences can be devastating.

A Warning from Scotland

Hugh, Roderick and David McCulloch, all elderly and increasingly vulnerable, were persuaded by Reverend Ivan Warwick-a Church of Scotland minister-and businessman Douglas Stewart to grant them power of attorney. According to their cousin, the brothers were “groomed” into signing documents they did not fully understand, when at least one was already suffering from dementia. The other two were later diagnosed with the same condition.

Once the power of attorney was granted, Warwick and Stewart sold the brothers’ farmhouse and emptied their bank accounts, appropriating more than £1 million. A police investigation concluded that no crime had been committed because the men had legal authority. It was only after a protracted civil court battle that a judge ruled the brothers had been subjected to “undue influence” and ordered Warwick and Stewart to repay the stolen funds. To date, the family has not recovered the money and the brothers died without seeing justice.

An Imperfect System

This case highlights the potential dangers of granting LPAs. Attorneys wield significant power, often without regular oversight or checks. While most act responsibly, the system’s lack of routine monitoring and identity verification leaves it open to abuse. Vulnerable individuals may be pressured or misled, especially if their mental capacity is already compromised.

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Calls for Reform

Experts suggest introducing stricter checks when appointing attorneys, clearer guidance on legal duties and random audits of financial transactions. The Scottish government is now considering stronger safeguards to protect vulnerable adults, and legislative reform is being considered in the UK parliament.

The McCulloch brothers’ ordeal is a sobering reminder: while LPAs are vital for many, stronger protections are essential to prevent exploitation.