Excessive gifting by an attorney - who is liable to return the funds?

[K-Z1R]

This has recently occurred and I wonder if anyone has had experienced it or knows how it is normally resolved?

The sole remaining attorney for a person with end stage dementia has been making gifts that 'significantly' exceed what is reasonable. Would they be solely liable to return the funds gifted?

[blackal]

https://www.gov.uk/government/public...-and-attorneys

[K-Z1R]

https://www.gov.uk/government/public...-and-attorneys

Unfortunately the attorney hasn't followed that guidance and hence my question about the return of funds to the original source.

[JonRA]

Unfortunately the attorney hasn't followed that guidance and hence my question about the return of funds to the original source.

See para 6 in the guidance?

Sent from my moto g31(w) using Tapatalk

[dkpw]

With respect, you need to be speaking to a solicitor, rather than seeking guidance on a watch forum.

Best of luck with the situation.

[K-Z1R]

With respect, you need to be speaking to a solicitor, rather than seeking guidance on a watch forum.

Best of luck with the situation.

Thanks, I wasn't seeking guidance at all. I was wondering if anyone had experienced a similar event and how it was resolved. I am not the attorney who did this.

[jukeboxs]

With respect, you need to be speaking to a solicitor, rather than seeking guidance on a watch forum.

TBF to the OP, such posts are commonplace on here (e.g. cheaper than paying for it professionally).

I have no real-world experience of this scenario OP, so can't offer any guidance.

[blackal]

Thanks, I wasn't seeking guidance at all. I was wondering if anyone had experienced a similar event and how it was resolved. I am not the attorney who did this.

Not a bad idea - there could be someone who has gone through it.

[GOAT]

Deleted,not relevant

[draftsmann]

The attorney appears to be in breach of his/her fiduciary duty to use the donor’s estate primarily for his/her benefit, and not to dissipate the estate.

This becomes a problem in particular if the estate runs out of resources required by the donor. Potentially it would be for the attorney to make good up to the amount of excessive gifting.

Given the donor’s lack of capacity this is presumably either an old (pre 2007) enduring power of attorney, now registered, or a lasting power of attorney. Either way I would have thought that the Office of the Public Guardian will take an interest if the excessive gifting has been significant and there is risk of the donor being left with insufficient resources.

This is not professional advice. I used to carry out trust and estate work but am now retired.

[K-Z1R]

The attorney appears to be in breach of his/her fiduciary duty to use the donor’s estate primarily for his/her benefit, and not to dissipate the estate.

This becomes a problem in particular if the estate runs out of resources required by the donor. Potentially it would be for the attorney to make good up to the amount of excessive gifting.

Given the donor’s lack of capacity this is presumably either an old (pre 2007) enduring power of attorney, now registered, or a lasting power of attorney. Either way I would have thought that the Office of the Public Guardian will take an interest if the excessive gifting has been significant and there is risk of the donor being left with insufficient resources.

This is not professional advice. I used to carry out trust and estate work but am now retired.

Many thanks for the reply, most helpful. It is a lasting power of attorney and the OPG are dealing, as are the Court of Protection. As far as I am aware the donor is still financially secure and her care needs are being covered without any issues. I will see what develops!