Powers of attorney – Financial abuse
Mr Jones lives on his own at home but he lacks capacity to deal with his financial affairs. He has carers who come to visit him four times a day.
Mr Jones has two daughters, Jenny and Emily. Emily had obtained a power of attorney* for financial affairs at a time when Mr Jones had capacity to give instructions.
Jenny tells you that she has just been to visit her father and she saw one of his recent bank statements lying around the house; it appears that substantial withdrawals had been made, which
appear to have been paid to Emily.
What advice would you give to Jenny?
Would your answer be different if, rather than a power of attorney having been created by MrJones, Emily had been appointed by the Court to look after her father’s affairs?
*For the purpose of this question, you should consider that Emily’s power of attorney satisfies the requirements of your jurisdiction insofar as it will not be revoked in the circumstances outlined in
the question
