Luis' story about misuse of enduring power of attorney

Luis appointed his son, Martin, as his appointed decision-maker for financial decisions.

Martin regularly does Luis’ grocery shopping when he does his own. He puts all the groceries through together. Sometimes he pays using his money and, on other occasions, he uses Luis’ funds. He thinks that this is all right because it all works out in the end. Martin throws the receipts in the bin and does not keep a record of what he purchased with Luis’ money.

However, Martin has breached his obligations by not keeping his property separate from Luis’ property and by using Luis’ money for his own purchases. Martin must pay for his own shopping separately and must not deposit Luis’ money into his own bank account. All Luis’ money should be in separate bank accounts.

Martin has also breached his obligations to keep accurate records about the decisions he has made on behalf of Luis. Martin must keep receipts for the items bought for Luis.