Choosing your attorneys carefully when setting up a Lasting Power of Attorney (LPA) is extremely important. A recent criminal case is a stark reminder of just how badly things can go wrong if that trust is misplaced.
Highlighting the risks
On 4 June 2026, Gary and Diane Mansell were sentenced to six years in prison after being found guilty of fraud and money laundering. Their crimes stemmed from abusing their role as attorneys under an LPA that Gary’s elderly parents had put in place.
Being appointed as an attorney is a serious responsibility. The law is very clear: you must always act in the best interests of the person who appointed you (known as the “donor”). Sadly, in this case, that’s not what happened.
What went wrong?
Instead of looking after Gary’s parents’ finances properly, the Mansells used their position for their own benefit.
The court heard that they:
- sold Gary’s parents’ home
- moved them into a garage conversion at their own property, which Gary’s parents paid for
- spent the proceeds from the house sale on themselves.
This included things like luxury holidays, cosmetic dental work, home improvements, and even a gold BMW.
In just 11 months, they spent around £59,000, leaving Gary’s parents with just 28p in their bank accounts.
It is difficult to overstate how serious this is. Not only was it a clear breach of trust, but it was also a case of financial abuse against vulnerable elderly individuals.
What did the court do?
As well as sending the couple to prison, the court made a confiscation order. This means they must repay the money they took.
The prosecution made it clear they wanted to ensure the couple could not benefit from what they had done. In fact, the court even agreed that their property should be sold, potentially at a reduced price, to make sure Gary’s surviving father (now 86) can be compensated.
Tragically, Gary’s mother passed away before the case reached its conclusion.
What can we learn from this?
While cases like this are shocking, they do highlight some really important points:
- being an attorney is a legal duty
- you must always act in the donor’s best interests
- misusing an LPA can lead to serious criminal charges, including fraud and money laundering
- courts have strong powers to recover money and protect victims
- financial abuse of elderly or vulnerable people is treated particularly seriously
- being a beneficiary in someone’s Will does not entitle you to their money during their lifetime.
How can you protect yourself?
Unfortunately, this is not an isolated case. We do still see situations where attorneys misuse their position.
If you are thinking about setting up an LPA, there are some sensible steps you can take. These include:
- choosing your attorneys very carefully
- considering appointing more than one attorney, so decisions are shared
- seeking proper legal advice to build in safeguards
- reviewing your arrangements from time to time.
The Birketts view
At Birketts LLP, our Court of Protection team regularly helps clients with:
- putting LPAs in place
- advising on practical ways to reduce the risk of abuse
- supporting families where there are concerns about an attorney’s conduct
- taking legal action to protect vulnerable individuals and recover losses.
If you would like to talk things through or get advice tailored to your situation, we would be very happy to help. Just get in touch with our team.
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Audio versions of this article are autogenerated and occasional errors in interpretation may be made. The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article, please contact the author in the first instance. Law covered as at June 2026.