Does a Bank that has acquired actual notice of restrictions imposed on Deputy(ies) owe a duty of care to P?
Some Court Orders issued pursuant to the MCA contain restrictions imposed on the Deputy(ies). For example, no withdrawals exceeding $300 each month.
While a Bank is taken to have notice of such restrictions, there is no duty of care imposed on Banks to administer or monitor these restrictions. For instance, P may have multiple bank accounts across more than one Bank and the Deputy(ies) may approach different branches of the same Bank to transact in accordance with the Court Order. It would not be practicable nor reasonable for Banks to administer or monitor such restrictions.
Deputy(ies) is/are responsible for ensuring that they act within authority and in accordance to the restrictions set out in the Court Order.