Power of Attorney's right to chase debts

Primrose

A Power of Attorney for somebody in a Care Home needs to chase an outstanding debt from an individual who owes a large sum of money to the person in care. The savings of the care home resident are running low and the money is needed for their care fees.

What's the best way to do this? Hire a solicitor to pursue the debt, take the person to court personally wearing your P of A hat or get the Local Authority who would otherwise be funding the care to take action?

Anybody out there with experience of chasing a debt when you hold Pof for somebody who is owed a large sum of money? (Not my circumstances but causing real grief to the person who has inherited this problem).

Savvy_Sue

I don't know the answer, but I'm going to ask a few questions to see if it helps anyone else answer ...

If the savings of the resident are running low, who knows that they are owed money? As in, if all the LA can 'see' is that the resident is under the savings limit, why not let them start paying?

If the money has gone out recently enough that the LA will 'see' it and say it's intentional deprivation of assets, then it is worth asking if they will take action, because clearly the Attorney cannot pay with money they don't have. And the LA may agree to pay, but put a charge for repayment against any assets, eg houses, which is what they'd do if the resident had a house which wasn't selling, wouldn't they?

And is the debtor a 'can't pay' or 'won't pay'?

And what 'proof' is there of the debt?

And is the small claims court appropriate for pursuing this? I'd always look there rather than to a solicitor initially.

Wildside

If they have enduring power of attorney they can chase the debts. Who owes money? i.e. is it an individual or a company?