Does the claimant have full mental capacity? YES in so much as she has not been assessed otherwise.
Why do you have Power of Attorney? My 98 year old Grandmother’s medical prognosis (post 2 quick succession bleeds on the brain) was one of no recovery and imminent death. Amazingly she started to recover but with limited capacity physical and mental. She has over 8 months made a remarkable comeback, can now shuffle around and her speech is really very good considering. She now needs full time care and as such her new home is a care home.
During this period using the POA I have acted on her behalf and with her knowledge to sort all things financial out as well as her welfare needs. Although my Grandmother has not been assessed as lacking in ‘capacity’ she is unable to do the things that I am doing on her behalf to sort out her affairs.
Where is the claimant not bringing the action themselves? The claim has been instigated with the full knowledge of Grandma and it is her name on the forms as bringing the action. She is the claimant. She understands what I am doing and wants me to get answers on her behalf. She is just not capable of completing the necessary communication regarding the claim.
What is the background to the claim please? Very briefly ….. As a result of advice given by the defendant the claimant entrusted £13,500 to the defendant. This was based on the premise that the defendant would then set-up a charity which would provide for her chosen charities (£13,500) upon her death and during her life provide a “double” the monthly amount of income that was received from the claimants investments that she surrendered in order to acquire the £13,500. This was pre hospitalisation and the claimant was then looking after all her own affairs. Upon hospitalisation I became involved and noticed that there was zero communication in the defendant’s possession regarding the defendant or the advice that had been given (he was a ghost). Importantly there was and still is no documentation regarding the agreement regarding the £13,500 and the ‘charity’. The promised increase in monthly returns occurred for 5 months from May 13 to Sept 13 and then ceased with no explanation. The claimant does not know how her money is being used, how/if her legacy is safeguarded or why the promised monthly payments have stopped. I have been in extensive (one way communication) with the defendant with no answers and hence the submission of the claim.