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Executors claims for professional misconduct against solicitors or attorneys

(7 Posts)
Bryncare Fri 14-Dec-12 13:23:08

Frail 92 year old is led to assign son and wife as power of attorney.
Wishing to update as she was not prompted to consider eldest son, estranged form the attorneys.This she was denied by attorney and solicitor on the grounds that "they hated each other"!
Result in Court of Protection upheld attorneys claim she was incapable and eldest son excainst luded from all gifts or benefits in her will .All estate wasted by attorneys and refusing to release any accounts for Execution of Will.
Question of misconduct damages against Solicitor and Attorney for denial of civil and legal rights to update Will and Personal representatives. Court of protection proved useless and ordered she pay all costs. Cannot understand this. Any advice please?fangry

Jodi Fri 14-Dec-12 13:35:57

Cannot really comment on this case as it sounds very complicated. But it does highlight why all of us, even if it does cost, should consider making our Lasting Powers of Attorney (both Financial and Health & Welfare) while we are still fully mentally capable.

Barrow Fri 14-Dec-12 13:39:57

As I understand it once you have made a Power of Attorney and registered it with Court of Protection it is not possible to alter it. As long as a Doctor could confirm she was capable of making decisions she could alter her Will and the Executors would be bound by it.

If you feel she was not advised correctly by the Solicitor you could contact your local Law Society for advise on how to proceed

Jodi Fri 14-Dec-12 13:48:32

You can cancel a lasting power of attorney at any time before or after it is registered as long as you have mental capacity to cancel it.

Jodi Fri 14-Dec-12 13:50:35

This is an excellent information sheet. It should be compulsory reading for all over 60s wink

Barrow Fri 14-Dec-12 13:53:03

Thanks for that Jodi When I made my Power of Attorney I did ask if I could alter it and was told I couldn't - didn't think to ask if I could cancel it (not that I want to!)

Bryncare Fri 14-Dec-12 21:30:49

In thanking you I can ,in helping others , direct anyone concerned that the following offer useful support:-
1) Solicitors Regulation Authority.
2) Law Society.
3) Legal ombudsman .
4) Public Guardian but beware : easily manipulated by unscrupulous experts.
5) Age Concern.
6) Yahoo, Just Answer.
7) Saga Legal Solutions ( small sub for unlimited advice)

What I have learned from ten years experience is the more trusting the elderly are of relatives and solicitors the more they need independent advice before capacity dwindles.So easy to lose everything you have got even though no coercion is involved.
Unless there are any other comments I should add that solicitors and attorneys can indeed be sued for professional misconduct or more likely inadequate services or costs.But costs and legal intimidation may put off the most loyal executor or beneficiaries.