Attorney and deputy beware

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By Alex Elphinston

What are the duties of an attorney under a property and affairs lasting power of attorney (LPA) and a deputy under a deputyship order when it comes to the investment and general management of money?

The LPA document itself does not give much guidance. Page 11 contains a statement that includes acceptance by the attorney of the duty: to keep accounts and financial records; and to act in the donor’s best interests.

The LPA gives no guidance about investment of the donor’s funds…

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