Posted on 11.11.15 by Tasoula Addison
The Court of Protection have taken away the financial control a daughter had over her mother’s finances. The Lasting Power of Attorney (LPA) document gave the daughter, who hasn’t been named, the legal right to manage her mother’s money after she developed dementia and could no longer manage her own affairs.
However, Judge Denzil Lush has ruled that the daughter acted in an “ignorant” manner after wasting £250 a month of her mother’s money bringing in cakes, sausage rolls, pork pies, biscuits and other confectionary goods to the nursing home. In court it was said that the mother had no kind of appetite for this food and that it was wholly unnecessary. Despite this the daughter believed she knew best and was adamant and inflexible when it came to altering her behaviour.
The Court of Protection have the power to analyse and review issues relating to vulnerable people where they can decide if the individual in charge has the best interest at heart for the “donor”; the vulnerable individual. In this case, the judge made the ruling that the daughter needed supervision from the Office of the Public Guardian in regards to making financial decisions for her mother. He therefore revoked the LPA appointing the daughter as attorney and instead appointed the daughter as her mother’s “deputy”. This means that the daughter will now have to report to the Office of the Public Guardian in relation to how she manages her mother’s finances, to ensure this behaviour does not continue.
This case clearly demonstrates the fact that attorneys cannot spend the donor’s money in the same way as they might spend their own. It is more important than ever that attorneys fully understand their duties and obligations when acting as attorney, to ensure they do not fall foul of the rules.
It also demonstrates the importance of appointing an attorney that you can trust to act in your best interests, and who will deal with things in an appropriate manner.
What is an LPA?
An LPA is made whilst the individual has full mental capacity, allowing you to appoint another trusted person in the event that you develop a disease, such as dementia, or you have an accident and require someone else to make important decisions for you on your behalf. To read more about what an LPA is, click here.
To plan for your future, talk to one of our STEP qualified solicitors to receive the most up-to-date, relevant legal advice for your situation. Our highly skilled professional will be able to advise you in regards to making an LPA or drafting a will no matter how straightforward or complicated your circumstances are. We can also assist attorneys who feel they need assistance in performing their role correctly, or who wish to ensure they are fully informed on their duties and responsibilities.
Call us on 0161 930 5151 or send an email to firstname.lastname@example.org.