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Ben Jones
Ben Jones, Solicitor
Category: UK Law
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Experience:  Specialist in UK Law with expertise in UK Employment Law
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A, who has a history of alcoholism grants B a financial Power

Customer Question

A, who has a history of alcoholism grants B a financial Power of Attorney to control his spending if he starts to drink again. Some months later, B informs A's bank that he wishes to take control of A's bank accounts under the terms of the Power of Attorney. Bank replies in writing that one of the clauses in the Power of Attorney is vague, and suggests that B can only exercise control over A's affairs while A is able to do so and that they are therefore refusing B's application to take control of A's accounts on the basis that A is unable to manage his own financial affairs.

Over the following months A withdraws tens of thousands of pounds from his bank accounts, loses his home and suffers serious alcohol related injuries. Can a claim be made against A's bank in that they have failed in their duty of care towards a customer who, by their own admission, was incapable of managing his own financial affairs?
Submitted: 9 months ago.
Category: UK Law
Expert:  Alex Hughes replied 9 months ago.
My name is Alex Hughes and I am a Solicitor based in London. I'm happy to help with your question today.

On what date was the POA given?
Customer: replied 9 months ago.

March 2012.

Expert:  Stuart J replied 9 months ago.
Hello, I will try to assist with this.
Which clause is vague?
Can I have the exact wording please?
Was A ever excluded from the bank account by himself?
What did they say to admit that A couldnt manage his own affairs?
Why wasnt the clause amended in 2012?
Thanks

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