Graeme Robb: Court case highlights strict LPA rulebook

Transfer made void

clock • 4 min read

A recent court case highlights the need for attorneys to exercise care when bound by lasting power of attorney rules, writes Graeme Robb. Here he goes over the proceedings...

In June 2018, a house was transferred from an elderly mother's sole ownership into the joint names of herself and her daughter as tenants in common in equal shares. The mother died several months later aged 93 in January 2019, and after her death, in court, the transfer was made void. To understand why we need to explore the background. Background The mother had a history of mental health issues going back a number of years. In November 2016, her daughter was registered with the Office of the Public Guardian (OPG) as her mother's lasting power of attorney (LPA) in respect of her...

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