power of attorney

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  • #34309
    Karen
    Participant

    oops, – wrong forum – will move the post

    A clmt, who is in receipt of incapacity, becomes the power of attorney for his father, who is in residential care.

    The father has a bank account that has £22,000 that is now in the son’s name.

    the fathers private pension and state pension are paid into the clmts bank account, which the clmt then transfer into the fathers account (in the clmts name)

    Question is – do we disregard the capital or not? – there is no trust, just the power of attorney – so the clmt could use the capital if he wished?

    #96375
    Anonymous
    Guest

    A trust can be implied, and this looks like one to me given that the pensions are passing through the account.

    I would say this is a case where more investigation may be needed

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