News and articles – Powers of Attorney and Court of Protection
Those making a Lasting Power of Attorney should consider appointing a legal professional to act as the attorney. Relying on family members to step into the breach may not always be the right choice, as a court decision revealed.
A judge has stepped in to protect the interests of an 80-year-old dementia sufferer whose stepson - whilst affectionate and attentive to his physical needs – had proved ‘hopeless’ at managing his property and financial affairs.
An autistic man, who fiercely objected to cancer surgery although it was required to give him the best chance of survival, successfully underwent the operation after his expressed wishes were overruled by the Court of Protection.
In a warning to the elderly that even close family members cannot always be trusted with money, the High Court has stepped in to protect a 78-year-old dementia sufferer from the depredations of her two sons who misused their power over her assets.
A bitter falling out between three brothers in respect of the management of their 93-year-old father’s property and financial affairs necessitated the intervention of the Court of Protection and the making of a stark judicial choice between them.