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Wills, Trusts & Power of Attorney

By Nicolae Trofin

01424 217871

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Selecting appropriate attorneys

A rather sad case has come to light regarding a power of attorney written by a woman in 2010, then aged 68 and had developed dementia. She was, however, still mentally capable when she gave effect to the power. She had appointed one of her daughters and one of the daughter’s sons to act as her attorneys.

 

A few months after the power had been signed, the attorneys registered the power so they could act on the donor’s affairs. However, the woman lived in sheltered accommodation – the local council became increasingly concerned that, in exercising their financial powers, the attorneys were abusing the woman both financially as well as emotionally.

 

When the Court of Protection revoked the Power of Attorney, the attorneys challenged the decision. However, the judge hearing the appeal threw the case out, citing how the attorneys had used an internet bank account belonging to the woman, against her best interests.

 

The judge was quite clear – “It is a salient reminder of how easy it is for someone unscrupulous, who is internet savvy, to dupe an elderly person who is clueless about such matters”.

 

The message is once again thankfully something we all ensure happens – that the client must think through the implications of who they are appointing into positions of responsibility, and what can go wrong if they don't.

 

For any concerns about planning your estate, as a Will writer in Bexhill, Battle, Hastings, Rye and anywhere else in Sussex and Kent, just contact me to benefit from my Free consultation no obligation.

This message was added on Thursday 26th February 2015

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