October 2014 Archive

Lasting Power of Attorney - Preventing Abuse

A Lasting Power of Attorney (LPA) can be a useful tool when people become incapable of running their own financial affairs. An LPA allows someone, of the donor’s choice, to step in and take control of the donor’s finances. Because of the great power the LPA gives them, attorneys are often trusted friends or family of the donor. However, where attorneys abuse this power, measures have to be taken to protect the donor. This is particularly important when the donor cannot protect themselves or even complain about the way their attorney is acting.

Appointing a Court of Protection Deputy

A Deputy is very often required to manage a vulnerable person’s property and affairs when that person has lost capacity and there is not a Power of Attorney in place. Since the vulnerable person is no longer able to appoint someone of their choice, the Court of Protection will appoint someone known as a Deputy to manage that person’s finances.

Fraudulent misrepresentation - Edwards v Ashik (2014)

In general, where a claimant argues that a defendant has made a misrepresentation, it is for the claimant to show that the misrepresentation induced the claimant to enter into the contract. However, in circumstances where the court finds a misrepresentation was made fraudulently (i.e. deliberately to mislead), a presumption is made that the claimant was induced to enter into the contract as a result. The burden passes to the defendant to show that the representation did not cause the claimant to enter into the contract.
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