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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Is it legally allowed financial guardian of an

Customer Question

Hello, is it legally allowed for a financial guardian of an elderly person (who lacks consent ability) in local authority care to live in the unoccupied property belonging to that person if they pay bills on their behalf or would that be seen as abuse of financial powers?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow is the care funded and will the Attorney be paying rent?
Customer: replied 2 years ago.
The care is currently 100% authority funded but as such is for review every six weeks to see if this still applies. The property is mortgage free but has an equity release secured against it which continues to be paid from the individuals account. The appointed guardian does not intend to pay any rent but pay bills and utilities.
Expert:  Clare replied 2 years ago.
The standard is that the Deputy or Attorney can only act in the best interests of the person they are acting on behalf of.If no rent is going to be paid it is impossible to see how that could be seen as "acting in the best interest" of this elderly person.It is at best dubious.Please ask if you need further detailsClare