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    • cheesedoffwithdebt
    • By cheesedoffwithdebt 11th Jun 17, 7:27 AM
    • 318Posts
    • 289Thanks
    cheesedoffwithdebt
    Brother has registered what was a joint power of attorney in his sole name
    • #1
    • 11th Jun 17, 7:27 AM
    Brother has registered what was a joint power of attorney in his sole name 11th Jun 17 at 7:27 AM
    My mother is 88 and in a care home, basically very frail and forgetful , but not with a formal dementia diagnosis. However she isn't really capable of making some decisions .Mum self funds her care using her income and a little capital each month.

    I am one of two children, and when trying to help her recently with an insurance matter discovered and was shocked and upset to find that 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 it, and I did actually say I object to what he's done. This is for multiple reasons including just wanting to help look after my mum.

    I've checked and see he should have notified me in writing that he intended this course if action, and a lawyer friend of mine questioned how on earth he managed it given that I am named on the original document.

    Friends of mine have suggested that if I report this to the office of the public guardian or get a solicitor to write, that it will cause a rift in the family but he's already done this surely?

    Does anyone know what I could do? Thank you
    now debt free and determined to maintain good spending habits and build savings
Page 2
    • Browntoa
    • By Browntoa 12th Jun 17, 4:28 PM
    • 31,221 Posts
    • 36,914 Thanks
    Browntoa
    its the old Enduring POA not the new LPA
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    • tooldle
    • By tooldle 13th Jun 17, 5:42 AM
    • 268 Posts
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    tooldle
    Isn't the EPA different in that it can be used a soon a signed. There is no registration process?
    • Malthusian
    • By Malthusian 13th Jun 17, 9:44 AM
    • 2,203 Posts
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    Malthusian
    Isn't the EPA different in that it can be used a soon a signed. There is no registration process?
    Originally posted by tooldle
    No, EPAs need to be registered as soon as the donor starts to lose mental capacity. LPAs can be registered any time. (And should be registered as soon as they're made to make sure that any mistakes can be corrected while the donor still has capacity)

    Unless I'm very much mistaken, the brother cannot remove the OP as Attorney. That would require the intervention of the Court of Protection and there's no way that could have happened so suddenly.

    The OP simply needs to contact her mother's banks and providers and ask them to send her statements covering the period since the POA was registered to set her mind at rest. This should be no problem as they should have each received the original power of attorney naming her jointly and severally with her brother. (If they haven't yet received the POA then send it to them.)

    If OP's brother is trying to do something untoward then this is a monumentally stupid way of going about it because using the Power of Attorney leaves a clear paper trail - if he was going to defraud her then he should have done it in a less obvious and incriminating way.
    • cheesedoffwithdebt
    • By cheesedoffwithdebt 16th Jun 17, 7:19 AM
    • 318 Posts
    • 289 Thanks
    cheesedoffwithdebt
    It's getting reported to the opg today under safeguarding rules
    now debt free and determined to maintain good spending habits and build savings
    • Malthusian
    • By Malthusian 16th Jun 17, 11:57 AM
    • 2,203 Posts
    • 3,064 Thanks
    Malthusian
    It would be interesting to hear what the OPG say.
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