Power of Attorney Debate

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Department: Scotland Office

Power of Attorney

Baroness Kramer Excerpts
Wednesday 2nd February 2022

(2 years, 9 months ago)

Lords Chamber
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Lord Stewart of Dirleton Portrait Lord Stewart of Dirleton (Con)
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My Lords, the OPG is working with solicitors, other professional bodies and other bodies within the community to make sure that persons considering becoming donors and taking out powers of attorney are aware of these protections.

Baroness Kramer Portrait Baroness Kramer (LD)
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My Lords, as an MP I had the case of an elderly and very wealthy lady afflicted with dementia who was removed from the luxury home that she had chosen and could afford by her attorneys, who were also her heirs. She was put in a much cheaper home in order to protect their inheritance. The lady was so traumatised that she died within weeks. The Office of the Public Guardian could do nothing, because the new home met CQC standards. Is there a way to give it powers and to look at the misuse of the power, rather than just acting in cases of clear illegality?

Lord Stewart of Dirleton Portrait Lord Stewart of Dirleton (Con)
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The OPG currently has powers to make reference to the police, in terms of fraud, to instigate investigations, including using other bodies such as local authorities or the National Health Service. Again, on the reference to the consultation that is to report in the spring, we look to strengthen the ability of the OPG to intervene in such cases.