Lasting Power of Attorney Cautionary Tale - WillsandTrustsSolicitors.com
 

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Lasting Power of Attorney Cautionary Tale

⚠️ Cautionary Tale: Abuse of Lasting Power of Attorney Left a Family Farm in Ruin

Three elderly brothers — Hugh, Roderick, and David McCulloch — lost their family farm, their finances, and ultimately their peace of mind after placing their trust in the wrong people.

The brothers, all in their 70s and 80s and living with health conditions such as dementia, were befriended by a church minister and a local businessman. Over time, they were persuaded to sign over Power of Attorney. Once in control, the two men sold the brothers’ beloved Logie Farm and drained more than £1 million from their accounts.

Although the legal paperwork was valid and a police investigation initially found no offence, a later civil court found that undue influence had been exerted. The court ordered the repayment of funds — but the family has yet to receive compensation.

🔎 What can we learn from this?

Granting someone Power of Attorney is a powerful legal step. It gives another person authority over your property, finances, and health decisions. When misused, the consequences can be devastating — and often hard to reverse.

✅ WT Solicitors’ Advice:

If you’re considering granting Power of Attorney for yourself or a loved one:

✅ Choose someone trustworthy — ideally a close family member or long-standing friend

✅ Consider safeguards such as joint attorneys or financial oversight

✅ Review arrangements regularly, particularly as health needs change

👥 Supporting Vulnerable People

WT Solicitors can guide you through the safe and legal creation of a Lasting Power of Attorney. We’ll help ensure your choices are respected, and your affairs are managed responsibly. Or to find out more how we can help with Powers of Attorney visit

📞 Speak to our team today on 01844 899150 or email info@willsandtrustssolicitors.com

🔗 Further reading:

BBC News – Family farm lost in PoA abuse case
Gov.uk – Make a Lasting Power of Attorney
Age UK – Power of Attorney guide

Disclaimer: This post is for general information only and does not constitute legal advice. Please seek formal legal advice if you have concerns about a Power of Attorney arrangement.