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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10790
Experience:  Barrister 17 years experience
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Having just recently removed ourselves from Power of Attorney

Resolved Question:

Having just recently removed ourselves from Power of Attorney status, we have been informed by the new PoA that they are reporting us to the Ofifce of the Public Guardian as they believe we have misappropriated funds and have bullied them. We would like to know what the process is with the OPG and potential consequences of this process and when we should involve legal representation please.
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. The Office of Public Guardian operates a supervisory jurisdiction and complaints can be made to the office. However, before any legal action will occur, you will first be given an opportunity to respond to any allegation made against you. As regards ***** ***** of bullying, the OPG will not take any cognisance of this fact. It is not material to a person being donee of a Power of Attorney. Much more serious is the allegation of misappropriation of funds. Here, if the OPG find that there is credence in such an allegation, they can either initiate proceedings themselves or suggest to the new donee of the Power of Attorney to take legal action to recoup the misappropriated funds. So you are much more at risk of being sued by the new holder of the Power of Attorney than the office of the OPG. This would be for the recoupment of the monies. The real discretion which the OPG has is to seek that criminal proceedings be taken if such an allegation of misappropriation be found to be true. So I would suggest you involve lawyers at the stage when either the new holder of the Power of Attorney issues legal proceedings or a complaint is laid against you. Until then, there is no point in doing so.
Expert:  Buachaill replied 2 years ago.
2. Be aware that clear and cogent evidence of a legal nature would have to be shown before an allegation of misappropriation of funds would be pursued. There has to be much more than a disagreement as to how fund ought to have been spent. An element of dishonesty or personal benefit must be shown first.
Customer: replied 2 years ago.
Thank you for the clear explanation. I did speak to the OPG and they stated that they could not take any action as we are no longer PoAs, so the new PoA would have to take legal action.
Expert:  Buachaill replied 2 years ago.
3. Be aware that the new POA may not ultimately initiate legal proceedings. Very often this sort of allegation arises to "clear the pitch" of the previous POA. However, if the new POA initiate legal proceedings, then you can involve lawyers. However, i would wait until this happens before doing anything.4. Please RATE the Answer as unless you RATE the Answer your Expert receives none of the money you have paid the website so there is no incentive to answer any further questions.
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