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 […]
Office of the Public Guardian Investigations?
Office Of The Public Guardian Investigations – have you received a letter from the Office of the Public Guardian? Are you an Attorney or Deputy under a Lasting Power of Attorney who has been accused of making unlawful gifts? If so, here’s what you need to know… The Office of the Public Guardian (OPG) is […]
How to navigate the complex rules of ‘gifting money’ as an Attorney
“I wish someone had told me that being an Attorney meant more than just signing a couple of sheets of paper….” This is something we hear a lot from Attorneys who acted out of kindness, in agreeing to be named as such, when their relative made out a Lasting Power of Attorney (LPA) all those […]
When is a ‘gift’ not really a gift?
A person with dementia can give money away only if they have capacity to make that gift at that time. Capacity is decision-specific: someone may manage everyday spending yet lack capacity for a large transfer. Once capacity is lost, an attorney or deputy has very limited authority to gift. The Public Guardian’s guidance, updated in […]