Power of attorney on the quiet?? Please read

brooksie

Hyperthetical question at the moment, but to cut a long story short, my M-I-L is in hospital, it is a very accrimonious family and my S-I-L has always been M-I-Ls favourite, and she has very suspect motives. My F-I-L is still alive and is worried that she will try and get power of attorney above him. Can she do this without him knowing and if she did manage it could it be challenged? M-I-L is just about ok , there are 4 other children.

thorsoak

The website of the Office of the Public Guardian might be helpful to you - it is here:-
http://www.publicguardian.gov.uk/arrangements/arrangements.htm

Errata

brooksie wrote: »

Hyperthetical question at the moment, but to cut a long story short, my M-I-L is in hospital, it is a very accrimonious family and my S-I-L has always been M-I-Ls favourite, and she has very suspect motives. My F-I-L is still alive and is worried that she will try and get power of attorney above him. Can she do this without him knowing and if she did manage it could it be challenged? M-I-L is just about ok , there are 4 other children.

The simple solution would be for your FIL to be appointed attorney, although of course this would be your MIL's decision - if she is mentally competent to make it.

brooksie

Not sure whether MIL would be classed as fully capable as she does have moments of confusion, so if SIL tries to get power of attorney without FIL knowledge (SIL asked a few questions about it 4 years ago when she was in hospital before) then surely it would be conyestable, but i will try and ring public guardian place on monday

margaretclare

MIL cannot appoint anyone as attorney if she is not mentally competent to do so, whether that person is SIL or FIL. She has to know what she is doing and she has to make the appointment - the attorney cannot make it for herself/himself.

Errata

brooksie wrote: »

Not sure whether MIL would be classed as fully capable as she does have moments of confusion, so if SIL tries to get power of attorney without FIL knowledge (SIL asked a few questions about it 4 years ago when she was in hospital before) then surely it would be conyestable, but i will try and ring public guardian place on monday

Have a read of this section http://www.publicguardian.gov.uk/decisions/objecting-registration-lpa.htm

My memory is a bit hazy, but I think spouses/civll partners/siblings have to be informed when a donor seeks to appoint an attorney.

floss2

Errata wrote: »

...My memory is a bit hazy, but I think spouses/civll partners/siblings have to be informed when a donor seeks to appoint an attorney.

Doesn't necessarily mean they will be though.

tallyhoh

I have POA for my FIL & I had to write to his relatives giving them time to object. Otherwise its not legal

pookienoodle

tallyhoh wrote: »

I have POA for my FIL & I had to write to his relatives giving them time to object. Otherwise its not legal

there are no safeguards inplace to check that this gets done though
My late fathers cleaner was able to get a power of attourney without family knowledge.

BitterAndTwisted

This situation sounds like a really, really good time for you and your father to consult a solicitor, preferably one who specialises in family law. Some offer an initial, free one-hour consultation and even if they don't it would be money worth spending right away imo even if the only outcome is that it puts your and your father's minds at rest. I know I would and I'd charge it to my credit-card if I couldn't afford it

tandraig

in that case your FIL should apply for POA as soon as possible! see a solicitor is my advice and before you do read the websites the other posters suggested. direct.gov is good too.