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When Attorneys Do Not Get On

Posted: Monday, 19 June 2017 @ 14:17

If one is making a LPA and appointing one or more attorney it is critical to get the appointment right and the attorneys have integrity and get on.

When it goes wrong, something like this can happen. 

In the case of The Public Guardian v CS & PL [2015] EWCOP30 t he Donor, EL, was diagnosed with  dementia in 2009 and appointed her two children, CS and PL, as her attorneys with the power to act jointly in relation to the sale of her house and jointly and severally for all other decisions.

The attorneys’ relationship broke down due to differing views on who should control EL’s finances. They each made complaints to the Office of the Public Guardian and accused each other of misconduct.

In 2014, the Office of the Public Guardian carried out an investigation and noted that the two attorneys were not able to work together and they had taken funds out of EL’s bank account for their personal benefit. CS had received £22,553.31 whilst PL had received £19,925.63.

Both attorneys regarded EL’s monies in her bank account as their inheritance. and ultimately the Court of Protection Judge ordered the revocation of the LPA and invited a panel deputy to apply to be appointed as EL’s deputy for property and affairs.

A very stressful and no doubt financially expensive case for everyone.

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