Counsel was instructed by the adult child of an elderly client after the client’s attorney‑in‑fact allegedly used their authority to purchase a high‑value vehicle for personal use. The attorney had access to the client’s bank account while living at the same address and is said to have intercepted statements and diverted funds. The bank and Ombudsman were approached without a satisfactory remedy. Counsel (instructed advisor at chambers) reviewed documents and advised the family on legal options.
Whether the attorney’s conduct amounted to fraud or civil wrongdoing by abusing a position of trust and using the power of attorney to obtain a personal benefit.
Whether the transaction can be set aside and funds recovered from the attorney, from third parties or via the bank’s procedures.
Practical evidential issues: proof of misappropriation, traceability of funds, and any defences based on apparent authority or consent. Appropriate remedies and forum: criminal referral, civil recovery (restitution/constructive trust/account of profits), and involvement of the Office of the Public Guardian or Ombudsman procedures.
Legal position: Counsel explained the elements of potential fraud and the civil causes of action available for misuse of an attorney’s authority, including restitution, proprietary remedies and injunctive relief, and noted the utility of regulatory complaints to the Office of the Public Guardian and escalation to the police where criminality is reasonably suspected.
Practical steps: preserve bank records and statements, obtain a copy of the power of attorney, document all communications, request urgent freezing or recovery steps from the bank, and consider urgent protective applications to the Court of Protection if ongoing risk to the client’s funds exists.
Outcome: The family left informed of the likely legal avenues and evidential burdens, with counsel and clerks prepared to assist in pursuing civil recovery and regulatory/criminal referral if the client elects to proceed.
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