Brother has registered what was a joint power of attorney in his sole name
Comments
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cheesedoffwithdebt wrote: »My mother is 88 and in a care home, basically very frail and forgetful
However she isn't really capable of making some decisions.
my brother had registered the power of attorney she wrote years ago appointing us both in his sole name.
He won't reply to emails I've sent him asking about itcheesedoffwithdebt wrote: »My brother spends most of his time in the USA where he works. I don't think he can stay on top of her practical needs basicallycheesedoffwithdebt wrote: »But I'm stuck because taking any action will make family relationships even more difficult
How could things get more difficult?
He seems to have registered a joint POA in his name alone.
He's not on hand to deal with your mother's day-to-day needs.
He isn't replying to your emails.
You are on hand and believe you could manage her affairs better.
Act in her best interests.0 -
I'm not clear how your brother registering the POA, prevents you from using it? I have POA for mum, which is held jointly and severally with mums solicitor. If i remember correctly, the solicitor registered it, but i am i the only one using it. Some companies write to us both, and others deal with just me. Are you muddling registration of the POA with lodging it with your mums bank for example.0
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I'm not clear how your brother registering the POA, prevents you from using it? I have POA for mum, which is held jointly and severally with mums solicitor. If i remember correctly, the solicitor registered it, but i am i the only one using it. Some companies write to us both, and others deal with just me. Are you muddling registration of the POA with lodging it with your mums bank for example.
No I'm not " muddling " anything!
My brother said he's registered poa in his sole name that's pretty clear. It's only lawful to do that with permission from other names attorneys so I've asked the opg for a copy of the register to see what's been done. They supervise attorneys and deputy's , if anyone is muddled I think it's my brothernow debt free and determined to maintain good spending habits and build savings0 -
cheesedoffwithdebt wrote: »No I'm not " muddling " anything!
My brother said he's registered poa in his sole name that's pretty clear. It's only lawful to do that with permission from other names attorneys so I've asked the opg for a copy of the register to see what's been done. They supervise attorneys and deputy's , if anyone is muddled I think it's my brother
I'm afraid I would suggest that your brother is not muddled, but is behaving in an underhand manner that lacks transparency. That rings alarm bells with me.
There is an odd thing that those who live at a long distance and can be of no practical nor emotional help often attempt to control finances; this is not done from an altruistic motive but something less savoury. Though how they think those doing the caring can then pay for things is unclear; but it certainly is not done with the best interests of the donor at the centre of these actions.
The OPG is the regulatory body for LPAs - but be cautious, if it is felt that you two attorneys cannot act together there is a risk that the LPA will be rescinded and a deputy could be elected instead.
Is there really no way that either yourself or an acceptable third party could mediate with your brother to sort this out?0 -
Hi Op, you have asked the OPG to confirm the situation, and hopefully they will be quick to respond. Probablt best not to communicate with your brother about the LPA, until you have their response. How long ago did mum make the LPA?0
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Hi Op, you have asked the OPG to confirm the situation, and hopefully they will be quick to respond. Probablt best not to communicate with your brother about the LPA, until you have their response. How long ago did mum make the LPA?
Hi it's an EPA not LPa, yes I said I think the best thing to do is get details off the register and I've written to request that . Thanksnow debt free and determined to maintain good spending habits and build savings0 -
I can't see how on earth your brother has registered an EPA appointing both of you......so obviously bearing both your names.....in his name only. Are you sure you're not confusing things here? It only needs one Attorney to register the document.....but it will be registered with both your names on.0
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I've noted from your other posts on here that you've been in an IVA for some years. Maybe your brother thinks you're the one that can't be trusted with your mother's finances...0
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I'm confused, I have just done a POA, I had to decide who was on it
I actually registered mine myself, but I guess any of the named people could have, but as far as I know one might register, and choose to be the only one to get the registered copy/notification back, but all the people named would still be POA
How could he remove your name?2007 £1749
2008 £291.99
2009 JanMasscara £7.00 Feb megcabot books x 2 £20 XFactor tkts x 2 £58.00 (couldn't go though as they only phoned on day :-( ) foundation £7.99
total so far for 09 £92.990 -
its the old Enduring POA not the new LPAEx forum ambassador
Long term forum member0
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