The money was stolen as a result of the man convincing others that he had power of attorney over his aunt's estate. He had drafted a power of attorney in 2002, but despite his aunt losing mental capacity this was never registered. People he dealt with on his Aunt's behalf were informed by him, that it was effective and in place. As such, many treated it as being effective and operational. The matter only came to light when the NHS looked into what capital assets his Aunt had, when assessing her for care home costs. They realised that there were funds missing and asked where they had gone. After some attempts to stall the truth being discovered, it became apparent that the money had been used to pay off debts that had accrued after he had changed his jobs. This case highlights the importance of having professional assistance when preparing and considering making a power of attorney. It is vital that anyone considering creating such, understands fully the power and authority the document provides to those appointed. By having one of our team of solicitors assist you in this process, you can ensure that this is the case and your attorneys are also made aware of their responsibilities when acting on your behalf. For assistance or advice in creating or registering a Power of Attorney, or acting on behalf of someone as an attorney please complete our Enquiry Form call us on 01245 228122 or email privateclient@gepp.co.uk The above is not legal advice; it is intended to provide information of general interest about current legal issues.
