Attorney and excessive gifting - who is liable to repay?

[Guest]

An Attorney for a family member has made some significant gifts of money using her power of attorney. This has been raised as a concern and the money needs to be repaid. Who is liable to repay them? The Attorney who made the gifts or the recipients of them?

[atticus]

Definitely the Attorney. Possibly the recipient if he/she knew the source of funds.

[Guest]

Definitely the Attorney. Possibly the recipient if he/she knew the source of funds.

Thanks, a letter has been sent by a solicitor acting for the attorney. It mentioned an enclosed e-mail from official solicitor, but no copy of that e-mail was enclosed and suggested repayment of money gifted. The other issue is that any money returned would be given back to the control of the one remaining attorney who gave it away originally, who has now cut off contact with other family members.

[atticus]

You may obviously ask for that which was intended to be enclosed but was not provided.

Plainly one option is to return the money. Are there good reasons not to do that?

I suppose you could ask what assurances can be given that the attorney will now act with complete propriety.

[Guest]

You may obviously ask for that which was intended to be enclosed but was not provided.

Plainly one option is to return the money. Are there good reasons not to do that?

I suppose you could ask what assurances can be given that the attorney will now act with complete propriety.

Thanks again. I will await contact from the court, rather than a solicitor acting for the Attorney. So far I have not heard anything from the Court directly and am conscious that the solicitors are acting for her and not the other people involved. I won't be chasing them for a copy of documents that they failed to share with me. The money involved is safe and can be returned if required,