We are often contacted by Attorneys who have been accused of Power of Attorney violations
When someone signs up to be an Attorney under a Lasting Power of Attorney, they are almost never told about the obligations they have taken on themselves.
These obligations are known as “fiduciary duties” and they mean that the Attorney must always act in the best interests of the person who has made the LPA, known as the Donor.
The types of Power of Attorney violations which people are accused of are: –
• Making a gift to themselves out of the Donor’s money.
• Buying a car with the Donor’s money so that they can take the Donor to hospital appointments.
• Living in the Donor’s house without paying rent.
• Using the Donor’s money to pay children’s school fees or university fees.
• Using the Donor’s money to pay for operations such as cosmetic surgery or weight loss surgery.
All of the things mentioned above can be Power of Attorney violations even if, when the Donor was able to understand and had mental capacity, they would have been happy for the Attorney to use the money in this way.
Unfortunately, Attorneys often do not realise that when a person loses mental capacity to agree to these things, everything changes.
In some cases, the Attorney would need to get the authority of the Court of Protection before using the Donor’s money in this way.
If you are not sure whether something that you as Attorney are contemplating, or an action that you have already taken, is a Power of Attorney violation, contact us and we will assist.
Attorneys Who Have Been Accused Of Power Of Attorney Violations – Contact US
Please either make an online enquiry or call us now on 0203 653 0625 and let us help you.