Andrew Robinson, Head of Family Law at Fishers Dewes Solicitors, considers issues that may arise during Christmastime around the care of children: It’s not hard to work out that the stress, anxiety & anger that’s felt by many separated...
'Feckless' Son Stripped of Power of Attorney
A ‘feckless’ son who irresponsibly accepted a £72,000 gift from his frail and forgetful mother before spending the cash on a house renovation has been stripped of his lasting power of attorney over her property and financial affairs.
The mother, aged in her 80s, was prey to moderately severe Alzheimer’s disease and the Court of Protection found that she had lacked the mental capacity to make the gift. The money had been raised by way of mortgage over the hard-up widow’s home and she had been left in a precarious financial position.
The son had given conflicting accounts of what happened – variously describing the money as a loan and an outright gift – and the Court found that he was not a credible witness. He had prioritised his own interests over those of his vulnerable mother and, through the utter fecklessness of his actions, had shown himself to be unsuitable to hold any power over her affairs.