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power of eterny pending can a person be prosecuted for withdrawrals

 
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  • Answered by:UK_Lawyer
  • Solicitor
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Customer Question

power of eterny pending can a person be prosecuted for withdrawrals from the persons account, with the persons consent before all documentatiuon has been finalised.

Submitted: 348 days and 10 hours ago.
Category: UK Law
Value: £33
Status: CLOSED
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Expert:  UK_Lawyer replied 348 days and 10 hours ago.

Hi thank you for your question.

Did the person withdraw money with the persons consent?

How many attorneys have been appointed?

Customer replied 348 days and 10 hours ago.

for uk lawyer only.

Yes they did have consent but the person giving consent was under assesment for mental capacity, only one applied for attorney, and only one person was appointed attorney

Accepted Answer

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Expert:  UK_Lawyer replied 348 days and 9 hours ago.

If the person was under mental capacity assessment, then you will need to prove that the time the person in question gave consent they had the capacity to make the decision.

One of the first questions often raised in abuse investigations is "did this person understand what he or she was doing when he gave a gift or transferred property. Was coercion, trickery, or undue influence employed?"

If during the assessment it was found that the person did not have the mental capacity at the time to give consent, then the consent will be invalid.

I hope this answers your question if so kindly click ACCEPT, if you do not I will not get credited for my time.

Kind regards

Expert TypeSolicitor
Category: UK Law
Pos. Feedback: 93.3 %
Accepts: 287
Answered: 5/12/2012

Experience: I am a qualified solicitor and an expert in UK law

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