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Court of Protection rules in siblings favour

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The children of an elderly war veteran who had been questioned over the management of the man’s finances have won a legal battle in the Court of Protection.

The pensioner’s son and daughter had been given Power of Attorney prior to his diagnosis with dementia almost ten years ago.

However, officials had asked the siblings to justify how they had spent money in their role as deputies and said they would need to seek “retrospective approval” for the sums that they had spent.

The brother and sister had been “extremely disappointed” by the Office of the Public Guardian’s request, having argued that they been perfectly forthright and kept all the records required of them.

The case proceeded to the Court of Protection in London, with evidence heard behind closed doors.

In a written ruling, Senior Judge Denzil Lush said that none of the parties involved could be identified.

He said that the man’s children had spent the money to cover the cost of travel and expenses. He ruled that the pair had acted in their father’s best interests and provided services which were “reasonably required.”

With this in mind, he agreed to give the retrospective approval they needed.

Sadly the Second World War pilot, who had participated in the famous Berlin Airlift, had died only a few days before the hearing. He was aged 94.

At Lester Morrill, our specialist Court of Protection solicitors are experienced in working with vulnerable individuals and their families, friends and care teams to ensure the best possible outcome. We currently manage cases involving private clients, solicitors, local authorities, referrals from the court and case managers. We also advise on matters relating to health and welfare, receiving referrals from family members and advocates. Please contact our team for further information.

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