Bristol Partner Heledd Wyn has provided extensive commentary for the Financial Times on the unseen risks in retirement. The article, published on 18 November 2025, explores the potential financial issues that can be encountered in cases of cognitive or physical decline and the legal difficulties these can present if not discussed at the outset.
The issue
The article, part of a series for Financial Times Adviser, explores the timing, needs and responsibilities involved in granting powers of attorney (POA) or lasting powers of attorney (LPA). Featuring contributions from a number of leading firms and legal associations, the piece looks at a range of potential issues, from spotting signs of vulnerability and decline, to questions around investment decisions.
“Who is benefiting from these decisions?” – Heledd’s perspective
Heledd considers the responsibility and role of the attorney in these situations, stressing that it is on them to act in the best interests of the donor to prevent financial harm.
Here are Heledd’s comments in full:
“So, if a situation arises where the attorney might diverge from the client’s original intentions, it’s important that advisers ask questions: who is benefiting from these decisions?”
“Depending on the extent of the incapacity, they may involve the donor in the decision-making process insofar as they are able to participate. Account must be taken of the donor’s past and present wishes and feelings, beliefs and values.
“Sometimes investment decisions need to be approved by the Court of Protection. And, if there is reason to believe that the attorney is not acting in the best interest of the donor, steps should be taken to report the attorney to avoid potential financial harm to the donor.”
You can read the piece in full on the Financial Times website.
What does this mean for me?
If you think you have questions about Powers of Attorney or simply wish to discuss the implications of this article, Heledd and the Rothley Law team would be very happy to help. Contact us for a confidential discussion.
