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Scots law - Abuse of power of attorney

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  • Scots law - Abuse of power of attorney

    My brother and I held a joint POA during the incapability of our father. Practically my brother managed these things as I am away. My father listed his assets before it all started and had accumulated 300k life savings as well as the house. Largely my brother spent the money on herself during this time supporting life style. The statements confirm that. When father was in the home, the money ran out and of course the house was sold. During all that time although repeatedly requested to do so, my brother didn’t keep any accounts or track spending in any way. That’s done and dusted and I actively decided to take no action. Our father’s welfare was my primary concern. I only mention it to frame the context.

    Now our uncle is in similar health to my father. This time brother has sole POA. A few years ago our uncle told us that his estate would be divided between us. Last year my brother told me that our uncle had changed the will I guess excluding me. That is not my concern.

    My concern is that the spending pattern continues, … That in spite of that fact that my brother isn’t working. As our uncle has been on the slope for some time now and I was aware what was going on but ignored it.

    Now the time has come for our uncle to move into residential care and the house will have to be sold etc.

    I received pictures of our uncle’s bank account detailing withdrawal of several large sums of money and since the account was depleted the regular withdrawal of his pensions. I know that our uncle operated a series of savings accounts and that my brother recovered a considerable cash sum from his house.

    I have to assume that the POA is being abused for personal gain. Not knowing the law, I would assume that it is permitted to charge expenses but not to spend the money which is being managed on behalf of our uncle. I also guess that whether the money is later to be inherited or not is irrelevant.

    I don’t want to get my brother into trouble, I prefer to draw the line under what has been done. For that reason I hesitate to contact the office of the public guardian or uncles lawyer. I do feel strongly that the capital from the house and whatever funds are left are used properly to ensure our uncles welfare and care. I would like my brother to be held to proper account and that further spending is correctly tracked.
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  • #2
    How do you expect to rein in your brother's suspected abuse if you don't contact the Office of Public Guardian?
    Assuming you have already spoken to him about this behaviour without successfully changing it, IMO you have no other choice.

    The holder of PoA can claim expenses had while carrying out duties as an attorney, for example:
    • travel costs
    • stationery
    • postage
    • phone calls

    Receipts should be kept and the donor invoiced

    Comment


    • #3
      Hi JessicaMay,
      I would agree with Des8. In addition, an Attorney (unless they acting in a professional capacity, such as a solicitor), can not charge for their time in dealing with matters on behalf of the Donor (the person who created the power of attorney) o claim their out of pocket expenses for the items such as those Des8 mentions above. Another example I would use would be if an attorney needed to travel to London to collect a document and stay overnight. They couldn't justify claiming the cost of staying at the Ritz, even if they were used to staying there!
      I am a qualified solicitor and am happy to try and assist informally, where needed.

      Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

      If in doubt you should always seek professional face to face legal advice.

      Comment

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