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Cause of action?
I'm considering instigating civil proceedings against an organisation for misuse of Power of Attorney, and I need to know how to express the cause of action on a claim form.
Very basically the organisation concerned relied and acted on a Power of Attorney despite knowing that the donor of the power had subsequently lost mental capacity. The organisation simply helped itself and turned a blind eye to the procedure the law requires to be followed in cases of mental incapacity. This resulted in the donor's entire estate being wiped out. |
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Hello R:
This is easy. You hire a lawyer, and he'll know what to do... You're not going to beat them yourself... In fact, if you start it off wrong, you could damage the case forever... Nope, if this was small claims, I'd tell you to go ahead... But, this is the big leagues... You need a hired gun. Besides, if the estate is big enough, the lawyer may very well take the case on a contingency basis. That means you won't have to pay unless you win. excon |
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Hi excon I agree it would be easy if I hired a lawyer, however I've trawled the length and breadth of the country seeking a lawyer who would be willing to look at this case on a conditional fee basis. All the lawyers I've spoken to require up front funding (approx £2000) to cover their costs just to review this case, hence me considering acting as a litigant in person. |
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Hello again, Rosie:
I LOVE a good fight. I LOVE to see the bad guys taken down. I LOVE to BE the guy that takes them down... I'd really LOVE to see YOU do it too.. But, one has to select their battles. As Clint Eastwood said, "A mans gotta know his limitations". If you can't really kick their butts, then throwing a few pebbles at them is only going to cause you heartache, and not trouble them a bit. excon |
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Hi Excon Looks like the only option I've got left is to take them on myself, its either that or just let the matter die, and I'm not prepared to let it die. I've got all the documentation I need to back up this claim, just need a bit of help in presenting it. |
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