Daughter Stripped of Power of Attorney

April 7, 2015

Daughter Stripped of Power of Attorney

In an example of the law stepping in to protect the vulnerable, a daughter has been stripped of responsibility for managing her mother's affairs after she failed to provide the pensioner with new clothes, toiletries or an adequate income.

The daughter had herself drafted a lasting power of attorney (LPA), which gave her sole control over her mentally ill mother's money, property and healthcare. However, the question of her suitability for that role was referred to the Court of Protection after social workers expressed concerns for the old lady's welfare.

In tearing up the LPA and appointing an experienced solicitor to take over management of the mother's affairs, the Court noted that the daughter had been evasive and confrontational with officialdom and had failed satisfactorily to explain how almost £9,000 of her mother's money had been spent.

The Court found that the daughter had behaved in a way which contravened her responsibilities and was not in her mother's best interests. Amongst other things, she had lived rent free in her mother's house and paid all her outgoings from her mother's funds whilst deriving income from a buy to let property of her own.

When appointing an attorney over your affairs, it is essential to make sure that the person you choose is trustworthy and has the knowledge and ability to fulfil their obligations properly.