Fraud danger from online power of attorney
SIR – I was concerned to read about suggestions by the Financial Conduct Authority that the requirement for a physical signature on a lasting power of attorney should be removed (report, September 22).
Lasting power of attorney is a powerful legal document that allows trusted individuals to be appointed to make important decisions about a person’s health and financial assets if he or she is no longer able to do so.
It requires the understanding and consent of the donor, but without the witnessing of a physical “wet” signature, what is to stop a family member or friend registering a document on someone else’s behalf, perhaps even without their knowledge?
Only last month, a former Court of Protection judge, Denzil Lush, called for the courts to handle such affairs in a bid to safeguard against the rising number of cases of abuse. Modern technology has revolutionised many, often antiquated, areas of the law, but I would like to see more detail before I lend my support to this. If it improves people’s access to legal services then I welcome it wholeheartedly, but not if it could risk exposing the elderly and vulnerable to fraud. David King
Slater and Gordon Lawyers Cardiff