Enduring Powers of Attorney – Why it is so important for an Attorney to keep records and document all decisions.

An application was made to the Court of Protection for retrospective approval of gifts and payments for voluntary care by the attorney under an enduring Power of Attorney. The incapacitated person at the time of the application was 95 years old and suffering from advanced dementia and was living in a residential home.

The applicant and Attorney was his younger son and the application was opposed by the other son. There was a good deal of animosity between the two. The payments in question had taken place over a period of several years during which time the applicant was his father’s full time carer.

Unfortunately, he had kept no proper records of his dealings with his father’s money nor accounts of why he was “paying” himself or his family what he did. He agreed that he should be replaced by a panel deputy. The Court did give retrospective approval for a substantial part of the payments and ordered that the balanced should be treated as a debt to his father’s estate.

Our Chartered Legal Executive, Janine Guthrie, comments that “this case demonstrates how important it is for an Attorney to understand their role and duties and for legal advice to be taken when acting as an Attorney under and Enduring or Lasting Power of Attorney”.

At Tayntons, we can offer an initial appointment to discuss EPAs or LPAs. Contact us on 0800 158 4147 to book an initial 30 minute consultation with one of our Private Client team for £95.00 plus VAT (£114.00).

TH v JH & Ors [2018] EWCOP 13


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