Keeping Lasting Powers of Attorney safe: How our solicitors make sure trust is not abused

The plight of elderly and vulnerable people who say they lost control of their money and property after granting Lasting Powers of Attorney to one man has been exposed recently by the BBC.

Highlighted in the podcast Shadow World: The Willpower Detectives, the seven-part series describes how 30 people were persuaded - and say they sometimes felt pressurised – to appoint law firm partner Ron Hiller, who was not himself a lawyer, as their attorney.

In addition, they allege they didn’t always understand what they were signing and why.

What followed, they say, included:

• Losing access to their bank accounts with large amounts of cash taken from their accounts without sufficient justification.
• Being left in the dark about Ron Hiller’s professional charges.
• Their homes sold at what was considered less than market value and their possessions cleared without their knowledge or approval.

Whilst Lasting Powers of Attorney (LPAs) are potent documents which allow you to appoint trusted people to act on your behalf if you are no longer able to do so, they can be abused by the unscrupulous if the proper protections are somehow avoided.

Here at Wards Solicitors, as specialists in Older and Vulnerable Client Care with highly regarded Wills and Mental Capacity and Court of Protection teams, we know exactly what to do to make sure those safeguards are followed to protect our clients.

What happened with these Lasting Powers of Attorney?

Ron Hiller, a partner in the Essex law firm, Craybeck Law, became the attorney for a large number of elderly and vulnerable clients and in some cases, also the executor of their Wills. He is not a solicitor and has no legal training.

BBC investigative journalist Sue Mitchell says she spoke to dozens of vulnerable people, as well as their friends, family and neighbours, who expressed concern about his way of working.

All the people affected were either elderly or vulnerable with substantial assets, usually tied up in property, and often with no family to ask questions or challenge the fees involved.

Craybeck Law, which denies any wrongdoing, has now self-reported itself to the Solicitors Regulation Authority. It is also considering legal action over what it says are inaccuracies in the BBC series.

What exactly are Lasting Powers of Attorney?

A Lasting Power of Attorney puts someone of your choice in control of decisions about your finances and if you choose, your health and welfare too. The person you appoint is supposed to act always in your best interests.

There are two types of LPA. One for property and financial affairs and one which covers health and welfare decisions and can include end of life care. You can have one or both.

A property and financial affairs can be used as soon as it is registered, with your permission as donor. A Health and welfare LPA can only be used when you are unable to make your own decisions.

For an LPA to be valid, the person making it, known as the donor, must fully understand the implications of the arrangement at the time. It’s called having mental capacity and there is a strict process to follow:

• You (as ‘the donor’) sign first. Your signature must be witnessed.
• The ‘certificate provider’ signs next. This is someone who confirms you know what the LPA is and that you haven’t been pressurised to sign it. They must have known you for at least two years or be a professional person like a doctor, social worker or solicitor. Your partner or other family members cannot be the certificate provider.
• The LPA must then be registered with the Office of the Public Guardian. The main role of this organisation is to protect those who lack capacity from abuse by supervising attorneys and deputies, investigating complaints and maintaining a register.

How does using Wards Solicitors ensure safety and transparency?

We help hundreds of people every year to safely appoint Lasting Power of Attorneys.

This includes outlining restrictions for the attorneys and professionals to follow to help avoid the type of problems those who appointed Ron Hiller say they encountered.

Restrictions might be something like: ‘My attorneys must not sell my home until my doctor believes I can no longer live independently’ (in a Property and Financial LPA) or ‘My attorneys can not decide I should live in a care home unless my doctor believes I cannot live independently’ (in a Health and Welfare LPA).

Further evidence of our expertise and standing is shown by the fact that two of our Partners – Jenny Pierce and Rebecca Parkman – are professional panel deputies.

This means they can be chosen by the Court of Protection when no-one else is willing or able to act as a deputy for someone who lacks mental capacity. There are only around 70 panel deputies in the whole of England and Wales.

In addition:

• Our two professional deputies are supported by a Court of Protection dedicated team who go above and beyond for our clients and offer home visits where appropriate.
• Unlike Craybeck Law with Ron Hiller, a non-lawyer, as partner, our equity partners are all qualified solicitors, regulated by the Solicitors Regulation Authority and all working to strict Court of Protection rules.
• Most of our Wills and Probate lawyers are members of the Association of Lifetime Lawyers (formerly Solicitors for the Elderly), set up to support and make a difference to older and vulnerable people.
• Many of our lawyers are also fully accredited members of the Society of Trust and Estate Practitioners (STEP) with specialist accreditations in advising elderly clients.

Get in touch

Our Wills and Mental Capacity Team is one of the largest in the region and vastly experienced. All our lawyers have extensive and specialist knowledge of how to set up an LPA.

If you are appointed as a lay deputy for someone who has lost mental capacity, Wards Solicitors’ highly experienced Court of Protection Team can help with all aspects of being a deputy.

This includes everything from the process of applying to be a court deputy, advice to deputies already appointed and in disputes over financial issues, welfare and best interests.

We can also support with funding, care home and welfare issues and acting for the Applicant or a Respondent in Gift and Will applications to the Court of Protection.

Our professional deputies, Jenny Pierce and Rebecca Parkman, can act if no-one else is willing or able to take on the responsibility of deputy.

• Wards Solicitors wins high praise in the 2025 edition of the independent Legal 500 guide of outstanding legal professionals for its exceptional professional service standards and high levels of technical expertise.
• It has also recently been named as Regional Law Firm of the Year by Bristol Law Society and our Wills, Probate and Mental Capacity team has also won the Devon and Somerset Law Society’s Private Client Team of the Year.