November 6, 2015

Daughter’s junk food bills condemned by Court of Protection

Judge Denzil Lush, sitting in London, said that the amount of food being purchased was too much for one person and seldom eaten by the woman’s mother – who is suffering from dementia. The Judge said he had no choice but to review the way the pensioner’s money was being managed and said the daughter would have to be supervised by the Office of the Public Guardian (OPG).

“[The mother] receives an adequate, nutritious and balanced diet at the nursing home,” said Judge Lush.

“Yet, [her daughter] is spending over £250 a month of her mother's money on unnecessary food, sweets and cakes, which [the pensioner] sometimes throws at members of staff and ultimately end up in the waste bin.”

The case comes after it was revealed that there are a growing number of complaints being made against people who have been placed in charge of a relative’s finances. The OPG received 2,000 reports in 2014-15, 254 of which were passed to the Court of Protection. The OPG normally supervises Deputies who are appointed by the Court of Protection to manage a person’s finances, but it does not supervise Attorneys acting under a Power of Attorney unless it is alerted to circumstances requiring its supervisory functions.

For advice on the Court of Protection and Powers of Attorney, please contact Tony Millson and Deanna Hurst in Royds’ Private Client team.

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