Andrew, a widower, has two children, Sally and Darryl. He was on excellent terms with Sally but in later years, his relationship with Darryl had begun to deteriorate.
When Andrew suffered a stroke he was unable to take care of his own finances. He hadn’t appointed anybody as his attorney to take over on his behalf.
Darryl sought and was granted the position of attorney by the Courts. Where Sally would probably have taken a more compassionate approach to the use of Andrew’s funds, Darryl turned out to be quite brutal.
Over the years, there were instances where Darryl refused expenditure that might have led to an improvement in Andrew’s quality of life. These instances were somewhat subjective and on the surface Darryl’s custodianship couldn’t be faulted. He diligently managed his father’s affairs in a way that would both retain their value and (to an outsider) appear as though they were completely in Andrew’s interest.
It’s likely Sally would have spent more money on Andrew and his care. She would almost certainly have moved him from the nursing home where he was staying as she felt it was substandard and a cause of considerable stress to her father.
This situation could easily have been avoided if Andrew had appointed Sally as his attorney in the first instance.