press clippings

Monday, 04 Oct 2010

Avoid the fate of the Nashville rocker - grant power wisely

Thanks to the errant ways of a few American starlets, most notably Britney Spears, issues surrounding who should have control over the affairs of those deemed not capable of looking after their own interests have received a lot of media attention in the US.

A notable example from Nashville concerns rocker Danny Tate, who signed a power of attorney in favour of his brother David, so that David could pay Danny's bills when he was in rehab. David used his power, and Danny's money, to pay a retainer to a solicitor he instructed to petition the court for the appointment of a conservator or guardian to control Danny's affairs (on the grounds of his alleged crack habit). On the appointment of a conservator the incapacitated person loses control over their finances, property and ability to enter into binding contracts. On David's word only, and without notice of the hearing having been given to Danny, the judge froze Danny's assets in an emergency hearing and granted conservatorship, arguably without an appropriate psychiatric report, a few weeks later. That is not to say that David was not acting with his brother's best interests at heart, or that his appointment as a conservator was not appropriate - but this "civil death" does seem to have been inflicted rather easily.

Could the same kind of situation arise here?

 


To read the full article click here: Scotsman 27 September 2010

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