Power of Attorney

Kellyseye

My sister was made power of attorney after my mum went into a home many years ago , leaving my unmarried brother in the home my mother owned, my brother as since moved into sheltered accommodation , my sister sold my mums house and paid some of her fees to the care home , am I being unreasonable in wanting to see the final bill from the solicitors stating where the money from my mums house as gone , my sister verbally abused me when I asked to see this.

Errata

You're not being unreasonable. Perhaps it might be worthwhile pointing out to your sister that if she doesn't explain her actions as your mum's attorney you may think there's been something not quite correct happening and you will contact the Office of the Public Guardian for advice, information and guidance.

Kellyseye

Errata wrote: »

You're not being unreasonable. Perhaps it might be worthwhile pointing out to your sister that if she doesn't explain her actions as your mum's attorney you may think there's been something not quite correct happening and you will contact the Office of the Public Guardian for advice, information and guidance.

Thanks Errata, she has explained what she's dining but I wanted to see the final statement from the solicitor, so I could put closure on what was my family home for many years

RAS

Your sister is required to keep full accounts of all income and expenditure related to her being an attorney. Many people actually volunteer to the information to other family members (although in our case with two attorneys that was less necessary because neither could spend on anything without the other being aware).

Savvy_Sue

Kellyseye wrote: »

Thanks Errata, she has explained what she's dining but I wanted to see the final statement from the solicitor, so I could put closure on what was my family home for many years

Before you pass on Errata's comments, can you calmly explain that you're quite happy that all is in order, but you'd just like to see the documentation to give you closure - maybe you have a file or scrapbook you'd put this into?

Because this does have the potential to lead to a huge falling out.

Also remember your sister may be feeling a bit 'fragile' about it all: her family home for many years too, AND your brother's increasing needs as well, I presume, maybe she's feeling all the responsibility and hearing this as an accusation.

If you can turn it into something more supportive, it might help.

securityguy

Kellyseye wrote: »

Thanks Errata, she has explained what she's dining but I wanted to see the final statement from the solicitor, so I could put closure on what was my family home for many years

I'm not sure what you think the "final statement" will tell you. The house will have been sold for whatever price, and the money, perhaps less the solicitor's fees, transferred into a bank account in either your mother's name, or in the name of your sister as attorney for your mother. What else would it show?

If what you're asking for is the accounts your sister should/would have kept as attorney, then you're entitled to them. However, implicitly you're either accusing your sister of making bad decisions, or of being dishonest, and she could not unreasonably regard that as somewhat un-sisterly. She might also point out that if you were unhappy about her managing of your mother's affairs, now is a bit late to raise the issue, given she did all the work and you (presumably) didn't. Your sister wasn't just made attorney: either your mother or, less commonly, the court of protection thought her the right person.

You're entitled to the information. But as others have pointed out, you should think what you're trying to achieve, and how you can ask for it sensitively. Threatening to contact the OPG, for example, is likely to result in permanent family disharmony, and you should only do that if you believe that your sister has behaved dishonestly or utterly recklessly with your mother's assets.

Kellyseye

Thanks for your replies, I am just hoping the final statement will show me where the money from the sale of the house has gone , this will give me closure, my dad worked years to pay the mortgage on the house and it was my home for 23 years until I married, my sister has expressed she wishes to use my mothers money if for instance her and her unemployed brother were ever short of cash , I don't agree with this as this is not looking after my mothers best interests.

securityguy

Kellyseye wrote: »

Tmy sister has expressed she wishes to use my mothers money if for instance her and her unemployed brother were ever short of cash , I don't agree with this

Presumably her unemployed brother is also your unemployed brother?

That would almost certainly be in breach of the power of attorney. Not definitely if, for example, your mother had been previously funding one or both of them, but that would open up a lot of issues about conflict of interest.

Why was your sister appointed sole attorney, rather than you?

Are you seeking "closure", or do you believe your mother is being defrauded? Because your course of action is very different. The solicitor will be able to tell you nothing of use: they will simply have transferred the money to where they were told to send it, which will be an account under your sister's control via the PoA.

What you are asking is for your sister to produce the accounts. You need to think carefully about what you intend to achieve by doing this. If, for example, her response was to renounce the PoA, are you in a position to pick up the pieces?

Savvy_Sue

securityguy wrote: »

What you are asking is for your sister to produce the accounts. You need to think carefully about what you intend to achieve by doing this. If, for example, her response was to renounce the PoA, are you in a position to pick up the pieces?

Or if her response was to have a massive falling out with you and turn your mother against you, would that matter to you?

But you're right, the money is your mother's, and should NOT be used for anyone else just because they 'need' it, even if your mother would have given her last farthing had she been able to control her own finances.