July 8, 2014 9:03 am
Our Wills, Trusts & Probate team recently dealt with a case involving an elderly client and issues over capacity. The client’s daughter came in to see us over a dispute she was having with her estranged brother as he was contesting the Powers of Attorney in place. Because of the LPA, our client’s bank had refused to allow her access to her accounts.
The client’s capacity seemed to fluctuate but she was for the most part capable of making her own decisions and agreed to revoke the Power of Attorney. Our solicitors, who regularly witness the effects of family disputes on matters relating to care of the elderly, helped her to diffuse the problem by handling the dispute with the bank and by also advising that she appoint a neutral party, such as the firm as any future Power of Attorney.