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On 1 September 2016 Withy King LLP merged with Royds LLP. The trading name for the merged firm is Royds Withy King. All content produced prior to this date will remain in the name of the firms pre-merger.

4 February 2016 0 Comments
Posted in Opinion

Man stripped of responsibility for pensioner’s finances

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A 95-year-old woman was starved of even the smallest luxury by a dishonest relative, the Court of Protection has ruled.

The pensioner, who was left needing around-the-clock care after being diagnosed with dementia, had previously handed control of her finances to her niece’s husband.

Over a two and a half year period, the man had got through almost £30,000, but only £290 of this sum had been spent on the elderly woman.

In addition, he had failed to pay around £100,000 in nursing home fees, leading to the woman being threatened with eviction.

When the failings came to light, the man was interviewed by police under caution. It soon became apparent that he had not kept any accounts and was unable to produce bank statements.

Judge Denzil Lush, sitting in the Court of Protection in London, condemned the individual’s conduct, saying that he had failed to act with either honesty or integrity.

“His management of her property and financial affairs has been a litany of failings,” he said.

“He failed to pay the nursing home fees and thereby put her placement in jeopardy. The nursing home had difficulty contacting him. He failed to reply to their letters and failed to return their calls.

“The stingy sum he did deign to pay her, £290 over two-and-a-half years, amounted to less than £10 a month. Her clothes are old and worn and mostly hand-me-downs from former residents who have died or moved elsewhere.”

In light of the evidence, the man has been stripped of his responsibilities, which will now be handled by a solicitor appointed by the court.

For legal advice on Powers of Attorney or the Court of Protection, please contact Tony Millson and Deanna Hurst in Royds’ Private Client team.

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