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State of play: case summaries

Karen Bayley and Heather Viljoen review recent case law about vulnerable clients and inheritance

19 September 2014

Re AB

This case demonstrates the need for attorneys to keep their financial affairs separate from those of the donor, and to ensure that the interests of the donor are always paramount.

The application was brought by the London Borough of Brent to revoke an enduring power of attorney (EPA) made by the donor, AB, as it was concerned with the outstanding care fees due on AS’s behalf (£49,000).

AB had appointed two of her four nephews as the attorneys, and they registered the EPA with the Court of Protection on 27 September 2007,
after AB was diagnosed with dementia.

AB lived in her own home in Cricklewood until July 2006, when her nephews decided she was becoming too frail and forgetful to continue living the...

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