Court of Protection gift dispute

A mother’s gift to her sons is being reviewed by the court. Solicitor Chris Green is assisting the two attorneys in a Court of Protection gift dispute. Here are the details.

Our clients were appointed as attorneys under a Lasting Power of Attorney made by their mother.

Because the mother did not want to go into care a decision was made for her house to be sold and for her to move in with one of her sons in a new property in Devon. The proceeds from the sale of the mother’s house were then divided equally between her three children.

Sometime after moving to Devon, the mother suffered a serious stroke. Her condition was so bad that she could no longer be looked after at home and she was moved to a care home. The attorneys applied for NHS Continuing Care funding, but it was refused. They have therefore been paying all their mother’s care costs themselves.

However, the application for funding seemingly prompted the local authority to investigate what had happened to the proceeds of the sale of the mother’s house. An application has been made to the Court of Protection by the Office of the Public Guardian. It alleges that:

(i) the mother lacked the necessary capacity to give the proceeds of sale to her children; and

(ii) the current funding arrangement, i.e. the family paying the care costs, is not secure nor sustainable.

Chris Green, a solicitor specialising in Court of Protection disputes, is representing the attorneys. He is asking for the Lasting Power of Attorney (which has been temporarily suspended) to be reinstated and seeking a declaration from the Court of Protection that there has been no wrong-doing on the attorneys’ part.

If you are involved in a Court of Protection gift dispute (particularly one where a court application has been made against you as an attorney, a Lasting Power of Attorney has been suspended, or the Office of the Public Guardian is investigating matters under an attorneyship) then please contact our free legal helpline for guidance.

Author: cpl

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