What advice would you give to Jenny? Would your answer be different if, rather than a power of attorney having been created by Mr Jones, Emily had been appointed by the Court to look after her father’s affairs?

Powers of attorney: Financial Abuse

Question:

Mr Jones lives on his own at home but he lacks capacity to deal with his financial affairs. He has carers who come to visit him four times a day.

Mr Jones has two daughters, Jenny and Emily. Emily had obtained a power of attorney* for financial affairs at a time when Mr Jones had capacity to give instructions.

Jenny tells you that she has just been to visit her father and she saw one of his recent bank statements lying around the house; it appears that substantial withdrawals had been made, which appear to have been paid to Emily.

What advice would you give to Jenny?

Would your answer be different if, rather than a power of attorney having been created by Mr Jones, Emily had been appointed by the Court to look after her father’s affairs?

 

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