Wills & Trusts Law Reports | September 2014 #142MRJ was born in 1932 and formally diagnosed with dementia in March 2009. In December 2011 her psychiatrist confirmed she had no capacity. Prior to moving into a care home at Christmas 2013 she had lived in sheltered accommodation.
On 3 March 2010 MRJ signed both a health and welfare and financial lasting powers of attorney appointing JT (her daughter) and KT (her grandson and JT’s son) jointly and severally. The attorneys applied to register the LPAs and the health and welfare LPA was registered on 11 June 2010.
There were technical defects with the financial LPA wh...
Wills & Trusts Law Reports | April 2013 #128Miss Buckley executed an LPA on 7 September 2010, appointing her niece, C, as her sole attorney for property and affairs. The LPA was registered on 17 January 2011.
On 20 April 2012, the Office of the Public Guardian (OPG) received a complaint about the attorney’s handling of Miss Buckley’s finances and initiated a formal investigation. The OPG instructed a Court of Protection General Visitor to see Miss Buckley, following which, on 23 October 2012, interim orders were made by the court for suspension of the LPA and other protective measures in relation t...
Re Harcourt is a useful reminder of the circumstances in which the court can revoke a lasting power of attorney. Catherine Paget reviews the case The donor of an LPA who does not lack capacity can ask the attorney to produce accounts, receipts, invoices, bank statements and other financial records, and give an explanation of …
Continue reading "Lasting Powers Of Attorney: Who guards the guardians?"
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