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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11154
Experience:  30 years as a practising solicitor.
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My elderly cousin has dementia. and as his only living

Resolved Question:

My elderly cousin has dementia. and as his only living relative I have spent the last 2 years ensuring that his health and financial affairs are safeguarded, working together with his solicitor. I also need to establish his financial position so I can prepare to look into the care he can afford.
I am named as power of attorney, he does currently have the capacity to manage basic day to day tasks, so P.O.A is not in force.
The problem I am having is he appears to have large sums of financial investments invested with his accountant, however, the last written correspondence of his investments from the accountant was in 2007.
Over a year ago I arranged a meeting with my cousin and the accountant at his office and explained the situation of my cousin’s condition and the need to compile an up-to-date list of all his investments. The accountant agreed and appeared to be very understanding. I have since written, e-mailed, phoned, and even had my cousin’s solicitor to speak to him, and he does not return our calls or reply to our correspondence.
I am in a difficult situation as my cousin cannot deal with the accountant one-to-one as this matter is distressing him and gets confused.
The accountant has an established business and is a member of ‘Institute of Charted Accountants of Scotland’, and I do not think there is any malpractice, however, his lack of supplying my cousin with this basic written information is concerning.
Does the accountant have the right to withhold this information from him? Can you offer any advice on how I should proceed without involving my cousin in a complaints procedure.
Than you.
Submitted: 11 months ago.
Category: Scots Law
Expert:  Nicola-mod replied 11 months ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Expert:  JGM replied 11 months ago.

Thank you for your question which has been passed to me as a solicitor in Scotland. The accountant is a Chartered Accountant if he is a member of ICAS. He has a duty of care to your cousin and if he has been acting as a financial advisor or otherwise dealing with your cousin's money, I find it a matter of concern that he hasn't written since 2007 and worse still hasn't communicate since your meeting. I know you said that you don't think there is malpractice but I'm afraid there has been if he is failing to respond to his client or his client's attorney. My advice is that you him a further 21 days to respond to your request for a list of investments and if he doesn't you have to report him to ICAS. This is too important and he has had every opportunity to respond. Happy to discuss. I hope that helps. Please leave a positive rating so that I am credited for my time.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11154
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 11 months ago.
Thank you for helping me with this issue you have been of great assistance.Thanks again.