Have your cake and throw it?

LPA revoked because person with power of attorney buys too many cakes

Kerry Hay from law firm Hart Brown, warns that advice should be given on appointing the right Lasting Power of Attorney (LPA):

“We all hope that we will retain our ability to make decisions. However, some of us won’t and if we don’t, who will have the authority to step in on our behalf? By setting up an LPA, an individual can decide who will make decisions on their behalf, but recent events prove that the legal profession should also be giving advice about appointing the “right” LPA!

“Senior Judge Lush recently revoked the LPA of an elderly woman as her attorney had been spending £250 per month on sausage rolls and cakes for her elderly mother. The court deemed that the use of the donor’s money was a waste, especially as she was receiving perfectly adequate and nutritious meals from her nursing home. Judge Lush said that the daughter was inflexible and ‘adamant’ that she knew what was best for her mother when she arrived at the care home with plates full of pork pies and biscuits. The mother, who is in her late 70s and suffering from dementia had no appetite for such foods and often threw them at nursing staff and they ultimately ended up in the bin. An order was made to revoke the LPA and the Office of the Public Guardian would take control of the mother’s financial affairs.”

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