This has recently occurred and I wonder if anyone has had experienced it or knows how it is normally resolved?
The sole remaining attorney for a person with end stage dementia has been making gifts that 'significantly' exceed what is reasonable. Would they be solely liable to return the funds gifted?
With respect, you need to be speaking to a solicitor, rather than seeking guidance on a watch forum.
Best of luck with the situation.
Deleted,not relevant
Last edited by GOAT; 15th January 2023 at 17:54.
The attorney appears to be in breach of his/her fiduciary duty to use the donor’s estate primarily for his/her benefit, and not to dissipate the estate.
This becomes a problem in particular if the estate runs out of resources required by the donor. Potentially it would be for the attorney to make good up to the amount of excessive gifting.
Given the donor’s lack of capacity this is presumably either an old (pre 2007) enduring power of attorney, now registered, or a lasting power of attorney. Either way I would have thought that the Office of the Public Guardian will take an interest if the excessive gifting has been significant and there is risk of the donor being left with insufficient resources.
This is not professional advice. I used to carry out trust and estate work but am now retired.
Many thanks for the reply, most helpful. It is a lasting power of attorney and the OPG are dealing, as are the Court of Protection. As far as I am aware the donor is still financially secure and her care needs are being covered without any issues. I will see what develops!