Powers of Attorney, are they being Abused?
Thank you for your response. I have researched and asked a lot of questions and yours is the most clearest by far. Thank you.
My uncle had Lasting Powers of Attorney of all Nanas affairs (I guess her; Property & Affairs LPA Money Assets – Health & Welfare LPA Living Arrangements my trust etc).
As far as I am aware, I do not know if it was legalised, or how that could be legalised.
(I presume by some forms to be filled out and a visit to the court perhaps?)
My follow up questions are:
1. If he has not been authorised legally, and nana died being the last living trustee, how could I claim my money?
2. And could I do this without legal-aid?
Attorneys must act in the interest of the beneficiary
and so that would clear this question up,
3. If he HAS been made the powers of attorney, and he refuses to hand the total amount over, I should seek legal advice.. ?
Answer: I am gratified to learn that you found my response useful.
I dont know how much assistance you can get from the legal aid authorities in your neck of the woods. I always advise to try to avoid getting all lawyered up and involving courts and judges, as by then everyone has lost. To this end, if were at all possible to find a 3rd party who could talk him into releasing your funds to you and allowing him to keep say 10% to reimburse him for his custody/safe keeping/stewardship of the estate.
I doubt that his lasting powers of attorney could cover your grandmothers trusteeship. On this point you would need to verify the local legislation. It sounds to me however that the lasting powers of attorney were drawn up without a certificate provider. Even if there was the proper transfer of the trusteeship to your uncle as power of attorney, he is bound to release it no questions.
Failure to pass on assets of which is a trustee constitutes fraud. If that were the case and you got the police involved, again, in my experience, it is unlikely that you would recover the cash. So persuasion, through a third party would be my first course of action.