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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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POA. The claimant has a POA in place, which the defendant

Resolved Question:

POA. The claimant has a POA in place, which the defendant knew was in place as he helped the claimant write a letter to the OPG saying that she wished it only to come into effect if she was medically judged to need it. But the fact is the POA was not revoked and re-issued and so therefore the original still applies.
The claimant was at the time that she entrusted the defendant with the £13,500 able to look after herself and do her own banking etc and so did not need the support of her POA. However given that the defendant knew of the existence of the POA should he not have considered the defendant to just possibly need some support in her decision of entrusting him with £13.5K?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : I do not quite understand the question?
Customer:

Sorry.

Customer:

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

Customer:

....... 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?

Alex Watts : signa
Alex Watts : Ok. If a person has capacity then they sign the POC themselves. If they do not have capacity them someone else sogns
Alex Watts : Does that help?
Customer:

Sorry I am not doing a good job explaining.

Customer:

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?

Alex Watts : Oh I see - if that is the case then yes they should have consulted with the POA
Alex Watts : You have to ask, what is reasonable.
Alex Watts : Is that reasonable? Yes it is
Alex Watts : Does that help?
Customer:

Thanks

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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