Revoking A Power Of Attorney Or Discharging A Deputyship Order
Applications to challenge or revoke a power of attorney or deputyship are on the increase.
Ever more complex family structures and the pressures of modern life are resulting in more arguments among relatives about the care of loved ones and the managing of their finances.
As a result, more people are challenging powers of attorney and deputyship orders amid concerns about how decisions are being taken on behalf of people with reduced mental capacity.
Also, some people who have set up powers of attorney (“donors”) are changing their minds about who should take decisions for them should they lose mental capacity - and they want to revoke the powers.
Challenging A Power Of Attorney Or Having A Deputyship Order Discharged - Advice For Relatives And Friends
Are you worried that a power of attorney or a deputyship order set up on behalf of a loved one is being abused?
Is an appointed attorney or deputy making bad or reckless decisions on behalf of the donor - or worse, behaving dishonestly?
Perhaps an unscrupulous appointee is taking advantage of the donor by plundering their bank and savings accounts or deliberately ignoring their urgent healthcare needs.
In other scenarios, the nominated person may be acting in good faith and doing their best but may simply not be up to the job - and the donor is suffering as a result.
You may also wish to take further legal action against the attorneys or deputies to recover missing funds on behalf of the donor.
For expert help, contact Coles Miller Partner Stuart Bradford.
Revoking A Power Of Attorney That You Set Up
People set up powers of attorney to safeguard their future. They do so while they still have mental capacity. Wisely, they are planning ahead - and we would always recommend this.
But sometimes these donors change their minds. They may have fallen out with the person they nominated to be their attorney. Or they may that decide someone else could do the job better.
Whatever the circumstances, the process does not need to be complicated - as long as the donor still has mental capacity.
Issues Affecting Challenges Or Revocation
One of the biggest issues in cases involving the revocation of a power of attorney is the mental capacity of the donor.
If the donor who originally set up the power of attorney has now lost mental capacity they may not see or understand what is happening to them.
They may not realise that their trust in a nominated individual has been misplaced.
In some cases, the donor may have ‘good days’ and ‘bad days’ mentally. They may have a better grasp of reality on some days than on others.
They may still believe that they have mental capacity - even when the sad truth is that they may not, or that this capacity is limited or sporadic.
Getting Expert Legal Help
Setting up a power of attorney is an important matter which can have far reaching consequences - and so can revoking one. Neither of the decisions should be taken lightly.
Coles Miller’s solicitors have specialist legal expertise, decades of experience and we handle these cases with great patience and sensitivity.
We can help you to avoid legal pitfalls, reduce the impact of ongoing problems and prevent difficult situations from happening again.
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