A POA exists with no restrictions regarding it only coming into effect if the person is assessed medically as not having capacity. So if the defendant knows a POA is in place and although the defendant believes that the person who is the subject of the POA is talkative, quite sharp as far as he is concerne
....... does her own banking etc. Does the defendant, knowing that there is a POA not have some sort of duty to at least consider that the person may require the POAs support in making decisions regarding her life savings?
Sorry I am not doing a good job explaining.
The claimant has a Lasting Power of Attorney in place. Albeit interaction from the claimants POA was not needed at the time as the claimant was in relatively good shape and looking after her own affairs. The defendant knew that a LPOA existed when he was giving the claimant advice and guidance resulting in the claimant handing over £13,500. So would it have been reasonable for the defendant, knowing that an LPOA exists to have considered engaging the POA in order to ensure that the claimant was knowingly doing the right thing and actually at the same time protect himself?