11 July 2014 by Susanne Grimwade
A pensioner has had her Enduring Power of Attorney revoked by the Court of Protection after it emerged her nephews, who were her appointed Attorneys, had breached their duties.
Concerns were raised by Brent Council after it emerged the pensioner’s assets had depleted to such an extent she was left with insufficient funds to pay for her care home fees. The Court of Protection heard the Attorneys sold her flat for £30,000 less than the Estate Agents valuation to their own sister, lent another brother £50,000 and £15,000 was gifted to their own mother to purchase a car. A further £60,000 remained unaccounted for. Following the Court hearing Brent Council was granted control of the pensioner’s finances.
This case highlights the importance of Attorneys acting in the best interests of the Donor at all times.
For further guidance on the duties of Attorneys please click here