power of attorney - Decisions
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[Deleted User]
Posts: 0 Newbie
Hello all,
I have a problem with a fellow PoA that would like to use are mothers money for something (Sorry I can not go into much detail). To do this he needs to ask for are mothers decision to do this. The problem is that she is being pushed into making this decision and she has said to me on four occasions that she does not want to do this but she just feels powerless to do anything else.
I have tried talking to my fellow PoA but they are still going to do it.
What can I do?
I have a problem with a fellow PoA that would like to use are mothers money for something (Sorry I can not go into much detail). To do this he needs to ask for are mothers decision to do this. The problem is that she is being pushed into making this decision and she has said to me on four occasions that she does not want to do this but she just feels powerless to do anything else.
I have tried talking to my fellow PoA but they are still going to do it.
What can I do?
0
Comments
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For complaints about attornies you should contact the Office of the Public Guardian, who will then investigate your complaint.
However, this does not seem to be a case of someone abusing their powers of attorney, but someone, I assume one of your siblings, pressuring your mother to gift them money which is somewhat more difficult to deal with.0 -
Keep_pedalling wrote: »For complaints about attornies you should contact the Office of the Public Guardian, who will then investigate your complaint.
However, this does not seem to be a case of someone abusing their powers of attorney, but someone, I assume one of your siblings, pressuring your mother to gift them money which is somewhat more difficult to deal with.
That is the case exactly. I have already spoken with the Office of the Public Guardian with a different problem about the same sibling because they were trying to make money for helping her. You can not do this because you can not be seen to be making a profit. I feel like they have found a loophole of sorts.0 -
I'm not sure what you mean by PoL? Can you explain?
If the Power of Attorney is in force this means that the attorneys can make decisions as if they are the Donor - however if the donor is capable should still be involved in the decision.
If you are joint and severally holding the Power of Attorney then either of you can make decisions, but they should be in the best interest of the Donor. In this case your mother does not agree and neither do you.
A person who acts as an attorney should not profit from holding this position. Gifts should be nominal and of the size given prior to the PoA being in place.
I've only just started as an attorney and I find most of the information I can find is on how to set one up and very little advice on how to proceed once it is in force.
frogletinaNot Rachmaninov
But Nyman
The heart asks for pleasure first
SPC 8 £1567.31 SPC 9 £1014.64 SPC 10 # £1164.13 SPC 11 £1598.15 SPC 12 # £994.67 SPC 13 £962.54 SPC 14 £1154.79 SPC15 £715.38 SPC16 £1071.81⭐⭐⭐⭐⭐⭐⭐⭐⭐Declutter thread - ⭐⭐🏅0 -
The fact that someone who still has capacity can do what they want with their own money is hardly a loophole. It is just life.
If she is being blackmailed then call the police, if the pressure being put on her is merely emotional, then she needs to stop telling you she doesn't want to do it and tell the other attorney.
Why has she not already removed the other attorney, since she still has capacity and knows they are trying to extract money from her against her will? See here - she does not need to make an entirely new power of attorney, she only needs to send the Office of the Public Guardian a "partial deed of revocation". You would remain attorney. (But she should consider appointing another whom she trusts in case you become unable to act - this would require an entirely new LPA, at least in England and Wales.)
She needs to do it now while she is still able, because once she loses capacity it will fall to you to fight the other attorney in front of the OPG and it could create an almighty mess.0 -
The problem is that she feels like she's in a weak position/powerless and with her alzheimer she as bad short term memory.
@Frogletina
sorry I meant to say PoA.0 -
That is the case exactly. I have already spoken with the Office of the Public Guardian with a different problem about the same sibling because they were trying to make money for helping her. You can not do this because you can not be seen to be making a profit. I feel like they have found a loophole of sorts.
Cross posted.
I would be interested to know what the sibling was claiming for. Was the 'helping' that she claimed for outside of what a normal family member would do? What did the OPG advise?
I imagine that the loophole would be that your mother makes the decision and that your sibling would claim that it was freely done by her, but with undue pressure being put on her it would seem to be a case for contacting the OPG again.
I'm new to all this, so I may be completely on the wrong track.
frogletinaNot Rachmaninov
But Nyman
The heart asks for pleasure first
SPC 8 £1567.31 SPC 9 £1014.64 SPC 10 # £1164.13 SPC 11 £1598.15 SPC 12 # £994.67 SPC 13 £962.54 SPC 14 £1154.79 SPC15 £715.38 SPC16 £1071.81⭐⭐⭐⭐⭐⭐⭐⭐⭐Declutter thread - ⭐⭐🏅0 -
The problem is that she feels like she's in a weak position/powerless and with her alzheimer she as bad short term memory.
@Frogletina
sorry I meant to say PoA.
I understand completely. My donor likewise has alzheimers also.
frogletinaNot Rachmaninov
But Nyman
The heart asks for pleasure first
SPC 8 £1567.31 SPC 9 £1014.64 SPC 10 # £1164.13 SPC 11 £1598.15 SPC 12 # £994.67 SPC 13 £962.54 SPC 14 £1154.79 SPC15 £715.38 SPC16 £1071.81⭐⭐⭐⭐⭐⭐⭐⭐⭐Declutter thread - ⭐⭐🏅0 -
The problem is that she is being pushed into making this decision and she has said to me on four occasions that she does not want to do this but she just feels powerless to do anything else.
Could you record your mother saying this?
Or make an appointment with a solicitor so that she can say it in front of him/her? You can then tell the other attorney that you have the evidence and will take it further if the pressure doesn't stop.
If your mother is capable, she should remove the attorney who is putting pressure on her.0 -
Frogletina wrote: »Cross posted.
I would be interested to know what the sibling was claiming for. Was the 'helping' that she claimed for outside of what a normal family member would do? What did the OPG advise?
I imagine that the loophole would be that your mother makes the decision and that your sibling would claim that it was freely done by her, but with undue pressure being put on her it would seem to be a case for contacting the OPG again.
I'm new to all this, so I may be completely on the wrong track.
frogletina
no its for normal house work e.g. tidying, gardening and odd jobs. Some of these jobs she doesn't even want to doing.0 -
Could you record your mother saying this?
Or make an appointment with a solicitor so that she can say it in front of him/her? You can then tell the other attorney that you have the evidence and will take it further if the pressure doesn't stop.
If your mother is capable, she should remove the attorney who is putting pressure on her.
I will have to look into that one. Thanks0
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