The Court of Protection has ruled that a Lasting Power of Attorney should be revoked and a professional panel deputy appointed to act on behalf of Alma, a 95 year old lady with dementia.

Alma's attorney, her niece's husband had failed to pay her care fees or provide her with a personal allowance and consistently ignored requests from the Office of the Public Guardian to account for his financial dealings on Alma's behalf. 

On reading the judgment it is apparent that the attorney considered that to an extent he and his wife were entitled to Alma's assets on the basis that his wife would inherit Alma's estate when she died.

However, the Mental Capacity Act 2005 is strict on the principle that attorneys must act in the best interests of  the person that lacks capacity. Whilst in extreme examples it is easy to see how family members can have a sense of entitlement over their relative's finances they cannot start spending any would be inheritance prior to the death.