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Power of Attorney having to chase a debt

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Whoever | 08:46 Tue 02nd Mar 2010 | Civil
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Any lawyers out there? A friend, acting with Power of Attorney for parent in Care Home is having to pursue a considerable debt from parent's other child to raise funds to pay for care fees. What strength in law does the P of A have to pursue the debt? What is the position of the person who owes the money in these circumstances.
Any weblinks to other similar cases would be helpful. Thanks
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There are different sorts of Lasting Powers of Attorney but the base principle is that the individual is enable someone who they trust (the attorney) to make decisions on their behalf at a time when they are no longer able or lack the mental capacity to take those decisions. To that extent, if another person (the son/daughter in your example) owes the individual (with the LPA) a debt, the attorney is able to pursue it on their behalf.
But it surely depends on the nature / source / establishing the validity of the debt?
From where did the debt arise? - a loan?, an alleged gift? - the origins are endless.
And the planned use of the money is interesting - this does suggest a previous gift or transfer of assets to a sibling for the potential avoidance of IHT and which has now gone horribly wrong. Perhaps I am reading too much into it.
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The money was definitely a lstraightforward oan and not part of an elaborate plan to avoid Inheritance Tax. The P of A has all the documentation listing out amounts loaned and dates.
The Attorney has exactly the same powers to pursue the debt as the donor of the PoA - and indeed perhaps a greater duty to do so as it's not his money.

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