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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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FAO Alex Watts. The claimant organised with her solicitor

Resolved Question:

FAO Alex Watts.
The claimant organised with her solicitor the establishment of a LPOA. This LPOA being there in readiness for the day when it was needed, which unfortunately it now is. However at the time of the alleged claim against the defendant the claimant was looking after her own affairs, paying bills herself etc (small value stuff).
The defendant was fully aware of the existence of an LPOA, indeed he offered and supported the claimant in writing a letter in order to alter the terms of when it came into effect ie that it must be a medically certified trigger that enables the LPOA. I am a bit cynical about the defendant’s motives regarding this but that aside the LPOA was not rescinded and re-issued and therefore the LPOA as I understand by talking to the Office of the Public Guardian current/valid.
The defendant gave advice to the claimant which cutting to the outcome, resulted in the claimant entrusting £13,500 to the defendant.
My question is. Is it reasonable to expect that given the defendant’s knowledge of the existence of a valid LPOA and that given the significance of the advice being given and the sum of money concerned that the defendant should have advised that the claimants POA be involved?
The defendant will no doubt claim that the claimant was, when he met her aware of what she was doing etc etc and that the claimant at that time looked after her own finances and therefore possessed the capacity to make financial decisions without assistance.
How does the law see it?
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 : Yes it does seem reasonable, especially ifghe
Alex Watts : eeao
Alex Watts : especially if the person did not have capacity in the first place.
Alex Watts : Does this clarify matters?
Customer:

The claimant who the LPOA applies to has not been assessed as lacking 'capacity' at any time. So at the time the defendant provided advise resulting in the claimant handing over £13,500 I guess technically she had 'capacity'? The claimant was also at that time administering her own affairs, paying bills etc and for this type of Low Key small expense administration was capable of looking after herself.

Customer:

I am constructing a POC claim that reasonably the defendant should, with knowledge f teh existance of a LPOA have sought the inclusion of the POA for a decision regarding a substantial amount of money.

Customer:

sorry about the typos

Customer:

I know you cant give advice as such but would this be a reasonable claim given the known existence of the LPOA even though the claimant was not lacking 'capacity'?

Alex Watts : If the POA was in place then potentially you have a claim.
Alex Watts : Does this help?
Customer:

Thank you

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