In the recent case of Re RG Senior Judge Lush reiterated the fact that Attorneys appointed under an Enduring or Lasting Power of Attorney must not delegate their decision making powers.
There is no doubt that the duties upon Attorneys and Deputies can be onerous and stressful, particularly when family relationships are put under strain. Our specialist team at Coffin Mew can advise Attorneys facing difficult circumstances.
Attorneys cannot usually delegate their authority to someone else. They must carry out their duties personally. Of course, they may seek professional or expert advice when appropriate (for example, investment advice from a financial adviser or legal advice from a solicitor), but they cannot as a rule allow someone else to make a decision that they have been appointed to make.