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Conflict of Interest

8 replies

FolkestoneMassive · 11/04/2024 13:10

If person A reported an elderly person B to a solicitor for financial abuse could the person A then become person B’s LPA? With the same solicitor involved in both cases.

Person A decided not to take the complaint against person B to the OPG because of the costs but received a bill from the solicitor for advice.

OP posts:
Propertylover · 11/04/2024 16:40

It’s not clear who was being financially abusive to whom? Was B being financially abusive to A? or was a 3rd party C being financially abusive to B?

FolkestoneMassive · 12/04/2024 11:01

Propertylover · 11/04/2024 16:40

It’s not clear who was being financially abusive to whom? Was B being financially abusive to A? or was a 3rd party C being financially abusive to B?

Person B was being financially abusive to person C (also a client)

OP posts:
prh47bridge · 12/04/2024 11:34

If B wants to appoint A as their LPA despite A reporting them for financial abuse, that is up to them. I don't see any conflict of interest here.

Propertylover · 12/04/2024 13:42

I agree with @prh47bridge.

FolkestoneMassive · 12/04/2024 18:38

What if B is unaware A reported financial abuse? Is there a duty to disclose?

OP posts:
prh47bridge · 12/04/2024 20:02

I'm not clear why A would have reported B to a solicitor. If there is financial abuse, that isn't who it should be reported to. I don't see any reason there would be a duty to disclose. However, as LPA, A is under a duty to act in B's best interests.

FolkestoneMassive · 12/04/2024 20:54

A reported the abuse to lawyers in an email about another matter, concerning person C.
A was given advice about the other matter and in the letter advised to contact the OPG about B.

Would that preclude A becoming LPA for B? Because they had already acted against B’s best interests?

OP posts:
prh47bridge · 12/04/2024 23:45

No, it would not.

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