Power of Attorney – Trustee Conflict of Interest?

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  • 12th September 2025 at 12:28 pm #166853
    dunksclerk@outlook.com
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    (1423)

    Hello
    I’ve been asked by the NOK of one of our residents if she could approach a Trustee to have Power of Attorney for the Resident. My feeling is that this would be a conflict of interest, but I can’t find any definitive answer. Is anyone able to assist at all, please?
    Many thanks

    12th September 2025 at 12:51 pm #166859
    clerk.stjohnswilton
    Participant
    ()

    Michelle

    In short, ‘Yes – but, with care, it can be managed’.

    Google ‘is there a conflict of interest if an almshouse trustee has LPA for a beneficiary of the same almshouse’ and, as ever, ask for an AI Mode answer to get all the details.

    Nick Stiven
    clerk@stjohnswilton.org.uk

    12th September 2025 at 4:01 pm #166879
    MGA2001
    Participant
    ()

    You should seek independent legal advice in this regard and be very cautious. The resident must be the one to appoint their own attorneys, this instruction can not come from a next of kin.

    15th September 2025 at 9:14 am #166944
    dunksclerk@outlook.com
    Participant
    (1423)

    Thank you very much for your feedback, much appreciated.

    15th September 2025 at 9:15 am #166945
    dunksclerk@outlook.com
    Participant
    (1423)

    Thank you, Nick, much appreciated. Hope all is well with you.

    16th September 2025 at 2:28 pm #167094
    Tina LL
    Participant
    ()

    Wouldn’t recommend it- it could create alot of unwanted paperwork. Suggest that the family approach a local independant solicitors.

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