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Son’s power of attorney revoked

A recent case shows just how important it is to ensure that you choose the correct attorneys when executing a power of attorney (LPA).

Last updated on June 20th, 2018 at 11:28 am

lasting power of attorney revokedA lady, who was in her 80s at the time, executed property and affairs and health and welfare lasting powers of attorney (LPAs) in 2008, naming her then 54-year-old-only son as the sole attorney.  The LPAs were registered in 2009 and, when the lady developed dementia in 2011, the son took over her affairs.

Son spends hundreds of thousands of pounds

When the lady moved into a care home, her son sold her house for £395,000, with net proceeds of around £186,000.  The day after the money was deposited into the lady’s bank, her son with drew £160,000 for his own use.  It later transpired that he had also taken almost £137,000 from his mother’s accounts since 2010.

This left the woman with insufficient money to pay for her care home fees and the local authority raised concerns that she was being deprived of funds.  The Office of the Public Guardian (OPG) launched an investigation which found that the man had ‘broken virtually every rule in the book” and expected local taxpayers to foot his mother’s bill.

The court revoked the son’s power of attorney and put a professional in his place.

Use a professional for a power of attorney

Of course, it is understandable that anyone should want to appoint their nearest and dearest as their attorney, to look after their affairs should they become incapable.  However, the role comes with strict responsibilities and some people find them just to difficult to adhere to.  Of course not all make mistakes to the extent that this man did!.  Asking a professional to act as one of the attorneys helps as it means that there is always someone who understands the rules to help.

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