Tuesday, 9 February 2016
Court May Revoke Lasting Powers Of Attorney If The Interests Of A Vulnerable Person Are Not Protected
Lasting Powers of Attorney (LPA) were created by the Mental Capacity Act 2005. They came into effect in 2007 and replaced Enduring Powers of Attorney in a bid to safeguard the interests of potentially vulnerable personsshould they be unable to look after their affairs themselves.While LPA’s are designed to protect the interests of vulnerable people, it may be revoked if it is not effective in protecting the interests of a vulnerable person, state Curry Popeck Solicitors.
A vast majority of LPAs are effective in safeguarding the interests of vulnerable people, but occasionally things can go wrong and the person appointed as attorney may try to gain some personal advantage. On those rare occasions, the court may step in and revoke the LPA to safeguard the interest of the vulnerable person, as happened in this case involving a mother and her son.
In 2012, due to her ailing health, a mother appointed her son and daughter as her attorneys on a joint basis relating to all her financial matters. Unfortunately, the siblings did not get along, which led to ineffective management of the donor’s affairs.In 2014, concerns were raised with the Public Guardian about the way the attorneys were using their mother’s money and property. They made excessive gifts to themselves from their mother’s funds and refused to pay the mother’s nursing home fees, claiming that she had wrongfully been denied NHS Continuing Healthcare.
The mother was also not provided with an adequate allowance, which showed that they could not be trusted for the purposes for which the LPA was intended.
The Public Guardian, therefore, applied for an order to revoke the LPA, which the court duly agreed to and a panel deputy was invited to apply to act as a Deputy.
According to Lionel Curry, arguments between family members do happen butnot normally to such an extent for an LPA to be revoked by the Court. In this particular case, the questionable behaviour of the appointed attorneys and their inefficiency in guarding the interests of their mother led to the order to revoke the LPA.
A LPA is a way of authorising someone to make decisions on your behalf, therefore, if you too are planning to make an LPA, it is important to consider your relationship with your attorneys and if they will understand and carry out your wishes. Your LPA should include instructions on how to manage your assets or welfare in particular circumstances. Such considerations will help protect your interests and your property from any misuse.
Please contact CurryPopeck if you would like more information about the issues raised in this article or any aspect of Lasting Powers of Attorney and the Court of Protection. They will provide the best legal advice to protect your rights and property.
To schedule an appointment, visit- http://www.currypopeck.com/