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Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
As so many families that we advise now live across several countries, and particularly in France, we regularly get asked whether Lasting Powers of Attorney made in the UK and registered with the Office of the Public Guardian can be recognised in France.
A growing number of couples live a DINK (“dual income, no kids”) lifestyle instead of the historically ‘traditional’ family structure that includes having children. There has also been a rise in the “single income, no kids” (SINK) lifestyle.
In recent years there have been calls for a change in the law to protect vulnerable adults from falling victim to what has become known as “predatory marriage”. This is due to a rise in cases where fraudsters have married vulnerable and often elderly individuals, without the knowledge of their loved ones.
Once a deputy/attorney is appointed, whether this be a professional or lay (non-professional), one of the first steps is to register all known accounts held by the person to whom the deputyship/LPA relates, known as “P”.
The deputyship Order or registered LPA is sent or taken to the bank and the details for the new deputy/attorney are added to the bank’s system. The account is then registered in the name of the deputy/attorney and P. The new deputy/attorney will have access to the account to use the funds for P and in P’s best interests. The funds do not legally belong to the new deputy and P is still the owner. The account name should be registered as such:
Financial abuse is one of the most upsetting crimes. It can happen to anyone of any age and the perpetrator could be a loved one or a close friend or a complete stranger.
Jemma Brimblecombe
Charles Richardson
Oliver Oldman
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