Changing Power of Attorney

MessyFamily

Before my Grandfather passed away he ensured that all 3 of his children had PoA, as his wife suffers with dementia. He was very clear that he wanted all 3 to share it. One of the children has made an appointment to see a solicitor this week, with a view to getting the Power of Attorney changed to her name only. Can she do this?

hardpressed

I assume you mean that the children have POA for their mother. If they have it jointly I don't think it can be changed.

System

I don't think that she can do that. Her only change, I would think, is for her to renounce the PoA for herself. Changes to PoA can only be done by your grandmother or possibly a court if there are sufficient compelling grounds

If the grandmother is now not capable of making any changes then the attorneys stand unless they give it up themselves.

MessyFamily

Excellent, thank you for the quick responses.
My Grandmother has not asked to change it. My aunt is trying to conserve every penny possible for her inheritance, rather than ensuring that my Grandmother is well cared for, comfortable and happy.

Mojisola

MessyFamily wrote: »

My Grandmother has not asked to change it. My aunt is trying to conserve every penny possible for her inheritance, rather than ensuring that my Grandmother is well cared for, comfortable and happy.

If you have clear examples of this, you could discuss it with the Office of Public Guardian -
https://www.gov.uk/report-concern-about-attorney-deputy

Do all three attorneys have to decide things together or can they work independently? Has your aunt actually done anything that is blatantly for her benefit and detrimental to your Grandmother's position?

MessyFamily

The children can act independently, they do not need the agreement of the other 2. Well, I assume that is the case because one of the children has been excluded from all decisions.

An example of the penny-pinching. The immersion heater was not working so the live-in carer phoned the aunt and told her. She was told that it would be too expensive to call out an electrician and to wait for the son-in-law to have a look when they next visit.
My grandmother is not short of money and could easily afford to get the hot water sorted out, but lacks the mental capacity to do so.

RAS

When would SIL have visitied? That night, next week, next month?

MessyFamily

It was reported last week and as of today, she still hasn't visited.

RAS

In which case the proper thing to do is get the other siblings to get the electrician in. I would ring aunt tonight and tell her this will be done first thing in the morning.

She cannot change the POA unless she can prove that the other attorneys are grossly negligent or ripping off the elderly person.

Both the other attorneys need to ring the Public Guardian's Office tomorrow and pre-empt this, explaining that the aunt is trying to conserve as much money for her inheritance rather than paying for timely repairs on the old person's home will not go down well with the PG.

As an ex attorney who had a lot of flak because I refused to co-operate with something that was not in the interests of the elderly person but in the interests of the shooter who was not an attorney, expect some flak. What they do is send the allegation of misconduct to the attorney(ies) and ask for a response. They then decide whether to pursue further.