Lasting Power of Attorney - undue influence question

[Norfolkgirl]

I'm trying to see if I can find another solicitor who can advise me any quicker than the current one. When I found one I emailed with a brief outline of my concerns and asked about undue influence in granting LPAs.

Below is a comment I got back.

"If your mother had sufficient capacity to make the LPA then it will stand even if your mother was manipulated and influenced in her decisions at the time."

I know there is literature from the Law Society explaining that a Certificate Provider should ensure the donor has not been unduly influence by a third party to make the LPA. Taking this into account, does anyone agree or disagree with the solicitor's comment above?

Thanks.

 

[Mun]

Disagree,that can't be right

 

[nitram]

I have to agree with the reply you received.
If the donor was competent at the time of signing the LPA is valid.
The competence/integrity of the certificate provider(s) does not alter the statement.

 

[Norfolkgirl]

Norfolkgirl, having read your other posts to do with this subject, I think you will be better trying to prove that the attorneys are misusing the funds, rather than challenging the LPA itself - it sounds like you have solid proof of the former. Getting proof of the latter, I would think, is virtually impossible.

Thanks folks. I'm going to challenge everything at every angle, the failings of Police, misuse of funds and the LPA undue influence or not. I got in touch with the original solicitor today and he is going to assess my mother so that we can move forward one way or the other.

The point about undue influence of the LPA, well hopefully everything will fall into place of the conduct of the attorneys prior to the LPA being applied for which will bring to bear and hopefully add credibility to my arguments about the LPA itself, who was used to certify it (may not have been independent or anyone who's known my mother for 2 years). When the attorneys applied for LPA this form enquires if there was any previous EPA/LPA and so one of the attorneys should have disclosed there was a previous unregistered EPA where he and + I were appointed jointly but where I wasn't ever informed by the donor it was cancelled. If he didn't disclose there was previously an existing EPA (I still have a copy to prove the document) then that can also look bad on him.

I have to apply to the Court of Protection and the solicitor will then have the means to get them to check with the attorneys of all financial transactions and accounts. Trouble is, if the attorneys haven't used the LPA with any bank (to make it appear my mother knows what she's doing) then the attorneys can't produce anything (meanwhile one of attorneys could be acting as third party mandate to operate her account). If this is the case, and the solicitor soon finds that my mother does not have capacity, perhaps then he can report that the attorneys haven't lodged the LPA appropriately to comply with the rules it has to be lodged with institutions once capacity is lost.

 

[worriedson4]

undue influence on lpa and revocation

Hi Norfolkgirl, I hope you managed to get justice in your case - it sounds very difficult. I've a similar situation in at least two respects and it would be very helpful to know how you got on with the law!

Did you have any luck with contesting on the point of undue influence at the time of creating / registering the LPA (eg because the certificate provider should have done more to check if there was undue influence)?

And did you find out if a person named in an unregistered EPA should have been notified prior to the creation of the new LPA?