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.
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.
sorry about the typos
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'?