← Back to Westminster Hall Debates
Lasting Power of Attorney
28 October 2025
Lead MP
Fabian Hamilton
Leeds North East
Lab
Responding Minister
Sarah Sackman
Tags
No tags
Word Count: 4407
Other Contributors: 6
At a Glance
Fabian Hamilton raised concerns about lasting power of attorney in Westminster Hall. A government minister responded.
Key Requests to Government:
Implement Government-regulated safeguarding procedures for banks dealing with LPAs, including requirements to contact donors or GPs before LPA activation and monitoring spending both pre- and post-activation.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Lead Contributor
The vast majority of lasting powers of attorney have no issues; however, abuse by a small minority continues to occur. Since the campaign to end LPA abuse began, hundreds of testimonies from across the country have been received, detailing cases where vulnerable people's funds were stolen or misused. The Office of the Public Guardian reports that there has been a 6.5% increase in concerns about abuse and only 34.5% of such issues lead to full investigations.
Alex Easton
Ind
North Down
Asked about sufficient safeguards given projections of dementia cases rising to 1.4 million by 2040.
Chris Bloore
Lab
Redditch
Supported the need for mandatory safeguarding procedures and clear guidance for banks, highlighting the potential vulnerability in communities like his own in Redditch.
Jim Shannon
DUP
Strangford
Complemented Fabian Hamilton on his dedication and raised the issue of equivalent processes for health and welfare in Northern Ireland, suggesting that both systems need to be streamlined while ensuring safeguards are in place.
The speaker addressed concerns about abuse and safeguards within the lasting power of attorney regime, emphasising the need to scrutinise the Office of the Public Guardian.
Tiverton and Minehead
Suggested encouraging constituents, especially those from elderly populations, to come forward with their concerns about LPAs.
Tessa Munt
LD
Wells and Mendip Hills
Asked if someone could execute a power of attorney only if they had capacity before being diagnosed with Alzheimer’s disease.
Government Response
Sarah Sackman
The Minister of State, Ministry of Justice
Government Response
The minister acknowledged the serious issues raised and expressed deep sympathy for those affected. She highlighted that while cases of abuse are rare, they have serious consequences. The Mental Capacity Act 2005 provides a framework to support individuals who may lack capacity to make decisions, with LPAs enabling empowerment. Safeguards include pre-registration certificates confirming understanding and freedom from undue pressure, statutory objection rights for attorneys and third parties, investigations by the OPG leading to court action when necessary, and enforcement powers of the Court of Protection to protect donors.
▸
Assessment & feedback
Summary accuracy
About Westminster Hall Debates
Westminster Hall debates are a chance for MPs to raise important issues affecting their constituents and get a response from a government minister. Unlike Prime Minister's Questions, these debates are more in-depth and collaborative. The MP who secured the debate speaks first, other MPs can contribute, and a minister responds with the government's position.