I want to cancel my Power of Attorney and change it.

SuzanneB_2

The problem is that I am the named person on the POA which is because my Mum has Dementia. Unfortunately she is now at a stage where she cannot change it but I'm just so fed up I want off it and my Sister to take over. I've searched the Office if Public Guardianship and apart from having my Mum go though the whole process again there isn't a simple way of doing it. However because Mum is now considered as being incapable of making this decision this would mean my Sister would have to go through the courts which would take a year and too much money.

I would have thought that if someone had POA but they became ill there would be a much simpler process for them to go through so they could pass on the POA to someone else.

Please help.

Suzanne.

Errata

I don't think there is a simple way to do it, but why not phone the Public Guardian's office and ask for guidance ?
If you're fed up with handling your mum's finances, why not make all the decisions but get your sister to do all the donkey work ?
Of course, the answer to your problem would have been for your mum to have appointed both you and your sister as attorneys, but clearly she chose not to for her own reasons.

SuzanneB_2

I'll be doing that on Monday I was just hoping for some spirit boosting info.

The problem is my Sister and Brother. Even though they were both offered POA or to be seconded on it and of course they had the opportunity to object they said that they trusted me and all that but. now it has come through they have changed their minds and now want to be added. Although this would not have been an issue at first the behaviour of my Brother and Sister since I have been granted POA (which was only 2 weeks ago has been dreadful and as far as I am concerned if I can get myself off it and they can take over the happier I would be.

missile

From your first post, I did not really understand what your problem was.

Unfortunately parents inheritence money always seems to bring out the worst and be a source of continual squabbling among the offspring.

You may want to seek advice from a solicitor and insist all communication re mothers estate is done through him.

RAS

missile wrote: »

Unfortunately parents inheritence money always seems to bring out the worst and be a source of continual squabbling among the offspring.

You may want to seek advice from a solicitor and insist all communication re mothers estate is done through him.

Hi this problem is not about inheritance, it is about managign mum's estate during the rest of her life.

RAS

SuzanneB wrote: »

The problem is my Sister and Brother. Even though they were both offered POA or to be seconded on it and of course they had the opportunity to object they said that they trusted me and all that but. .

Well it is too bloody late to kick up now.

SuzanneB wrote: »

The now it has come through they have changed their minds and now want to be added. .

Have you already been granted POA by the Public Guardians or are you applying for the POA to be activated? You mention they did not object?

If it has been activated there is NOTHING you or they can do. If you have just made the application, they can formally object and you can respond to them via the PGO.

I had this - wee bro thought that the arrangments did not protect his interests. Of course the POA is about the interests of the donor NOT the rest of the family.

SuzanneB wrote: »

Although this would not have been an issue at first the behaviour of my Brother and Sister since I have been granted POA (which was only 2 weeks ago has been dreadful and as far as I am concerned if I can get myself off it and they can take over the happier I would be.

You need to tell them this in no uncertain terms. - Literally, " Given the way you have behaved, I would really like to renounce the POA but legally I cannot do this." I find it really upsetting that you think so badly of me.

Make sure that you keep good records of everything you spend, and all bank records. As long as you can demonstrate that there is no financial advantage to you, they are stuffed.

The problem is that a lot of people like missile think that the Attorney gets some benefits from their role, not just a load of grief. Make sure they understand that you get no financial benefits.

TighterThanTwoCoatsOfPain

RAS wrote: »

I had this - wee bro thought that the arrangments did not protect his interests. Of course the POA is about the interests of the donor NOT the rest of the family.

Well i guess that all depends on the relationship between you and your Bro doesnt it..

Your Ma & Pas dying wish could not to splash the cash, but to save it you guys... If you soley have the POA then what actually happens is up to you, not them.

Personally I wouldnt be fussed if my sibling had sole POA as i trust them to do the right thing my my folks... Maybe your Bro doesnt trust you.

Biggles

RAS wrote: »

Hi this problem is not about inheritance, it is about managign mum's estate during the rest of her life.

That is understood, on this thread. But it isn't always seen that way by one's siblings, as this is the time when the thoughts of inheritance start to arise.

Suzanne, it depends whether you want out of the PoA because you can't cope with managing Mum's affairs, or because the siblings are giving you a bit of stick.

If only the latter, then I would advise biting the bullet and getting on with it. They will, I promise you, be grateful at the end of it all. Even if you could 'add' them (and it is generally a good idea to have more than one Attorney, if only to take account of possibilities like the incapacity of a sole Attorney), you would still need to agree who carried out all the day-to-day management of your Mum's affairs, and I guess that would still have been you.

Mojisola

I would be worried about handing over control of your Mum's money if your siblings think you should be protecting their inheritance. Your Mum's future is much safer in your hands. Would you really want them to have control over your Mum and see them make decisions that were not to her benefit?

missile

RAS wrote: »

Hi this problem is not about inheritance, it is about managign mum's estate during the rest of her life.

I can read,:rolleyes:

Suzanne did not give details of the "dreadful behaviour" but I suspect the problem may be brother and sister having eyes on mother's estate? You seem to have had similar issues with your "wee bro"?

I may be wrong? Perhaps OP will confirm.

monkeyspanner

It is always easy for people who don't want responsibility to stand back and criticise. Your Mum trusted you to manage her financial affairs. You don't have to disclose or discuss any of your decisions with your siblings and it could be argued you should not as you are acting as her representative not theirs.