At Steene Law Ltd we are often contacted by Attorneys who either have been or are in the process of being removed by the Office of the Public Guardian, having inadvertently breached the Mental Capacity Act by making gifts to themselves out of the Donor’s money.
This often happens where the Donor is a parent who has always generously made gifts to his or her children, and when the Donor loses mental capacity, the Attorneys carry on with this pattern of gifting.
In a recent case, our clients had carried on making the gifts which their mother had always made to them and their children, and the Court of Protection revoked their appointments as Attorneys and appointed a Professional Deputy to manage their mother’s affairs.
At Steene Law, we advised that if they were able to repay the gifts in full, which fortunately they were, then we would ask the Court of Protection to agree that the former Attorneys could become Deputies.
In that way they were able to continue to manage their mother’s financial affairs.
We also pointed out to the Court of Protection that there was no reason for the Health & Welfare Lasting Power of Attorney to have been suspended, since there was no suggestion that the Attorneys had not been acting in their mother’s best interests with regards to her health and welfare, and therefore this was reinstated by the court.
Accordingly, our clients are now able to continue to make decisions for their mother both in respect of her financial affairs and personal welfare as they had done previously.
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“From start to finish, David and Dianne provided an outstanding level of advice and support. They are extremely skilled professionals who offer a level of care that is exemplary. They provided a very safe pair of hands and they have my unconditional recommendation.”