Q&As

Can an attorney operating under a lasting power of attorney use the donor's funds to cover the expense of taking legal advice in respect of challenges concerning her conduct?

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Published on LexisPSL on 11/08/2016

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • Can an attorney operating under a lasting power of attorney use the donor's funds to cover the expense of taking legal advice in respect of challenges concerning her conduct?

The judgment of the Court of Protection in Re Buckley: The Public Guardian v C at [41] clarified that the fiduciary duties owed to a donor by their attorney pursuant to Mental Capacity Act Code of Practice, para 7.60, are similar to the fiduciary duties owed under sections 4 to 5 of the Trustee Act 2000 (TrA 2000).

This therefore means that reasonable and properly incurred expenses will be allowed under the same principles as TrA 2000, s 31(1), subject to any specific authority or restrictions

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