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Power of attorney

(5 Posts)
creampie Thu 20-Oct-16 19:47:40

Hi hoping some legal bods can advise me.

What are the obligations of an attorney to declare a condition that may impart their own capacity to manage the affairs of a donor?

If you get diagnosed with dementia, for example, do you need to report this to someone (office of the public guardian, maybe?) in the same way you need to report it to the DVLA?

If I, as a medical professional, suspect capacity is lost, am I under any obligation to report it if the attorney lacks insight or refuses to notify themselves?

I suspect there must be safe guards in place for this situation, but I've not come across it before and would be grateful for any advice

dazzlingdeborahrose Thu 20-Oct-16 20:12:38

Hi there

My hubby and I have reciprocal powers of attorney. They are lodged with the public guardian but not activated. If a person suspects that a attorney is not acting in the best interests of the incapacitated person, you can lodge a complaint. The office of the public guardian will then investigate. The opg can ask for copies of records, bank transactions etc. They have quite a few powers they can use.

creampie Thu 20-Oct-16 22:19:22

Thanks

When you did your POA, do you remember there being any clause or legal obligation to inform the OPG if you were diagnosed with a condition that may affect your abilities to carry out your duties?

Jaynie50 Sat 22-Oct-16 09:56:59

Hi my son in law had Power of Attorney for his elderly father and has been arrested by police for stealing his father's money!! Does anyone know what length of sentence he will get if he is found guilty? He has stolen so over £200,000 and used it for his own living expenses!

dazzlingdeborahrose Thu 27-Oct-16 22:07:33

I don't think there was anything in the actual paperwork but it's a few years ago now so memory is sketchy. I do think anybody with concerns over a POA can contact the office of public guardian with their concerns.

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