Do you think I have a right.

Kellyseye

At the time my main priority was getting my elderly mother somewhere safe after months of due to her illnesses her nearly getting run over, burned to death and a catalogue of very distressing situations, I was a father with a young family at the time who worked shifts, I just needed all the help I could get to make this awful situation better.

ognum

Kellyseye wrote: »

At the time my main priority was getting my elderly mother somewhere safe after months of due to her illnesses her nearly getting run over, burned to death and a catalogue of very distressing situations, I was a father with a young family at the time who worked shifts, I just needed all the help I could get to make this awful situation better.

I am sure this is true but you have still contributed by doing nothing to the situation that now exists.

Only you can make the choice between, being very nice and hope they decided to be nice also, taking legal action that has a cost and may get you nowhere or accepting the situation as it is.

Over to you to decide!

BitterAndTwisted

Kellyseye wrote: »

My sister in law was made power of attorney after my mother who had some problems was committed then decided to live in a care home.

It's my understanding that this cannot be true. Power of Attorney can only be applied for while the person concerned is still competent to make their own decisions, in preparation for the time when they may not be.

Consequently, I believe that the situation as described is not the objective one.

Anyone barging into my home demanding sight of legal and financial information in the way you have described having acted would be shown the door as well!

Kellyseye

There was no barging in , and to be honest bitter and twisted if you've nothing constructive to say do one.

webtalk

elsien wrote: »

If you have concerns that someone is abusing the power of attorney you can report your concern. Doesn't necessarily follow that you get any more information about what is happening though. And I would guess you need some proof of some sort for them to take it seriously.
https://www.gov.uk/report-concern-about-attorney-deputy

I agree wholeheartedly with this.

If you feel the POA is being abused, or if you feel that it was set up inapprpriately, then contact the Court of Protection and let them know.

ALL people holding Power of Attorney should keep an accurate and up-to-date account of all expenditure and other financial information.

I don't know if family or other interested parties have a legal right to see this. I would ask the Court of Protection about this as well.

Always best to get information on what you can/can't ask to see legally directly from the Court of Protection.

I would also follow up on what her capacity was at the actual time of signing the POA. This can sometimes be a grey area though.

So ... contact the Court of Protection for info, and also alert the if you feel the POA is being abused.

I'm assuming the link given in the above quote is correct. I haven't tested it.

mountainofdebt

Kellyseye wrote: »

There was no barging in , and to be honest bitter and twisted if you've nothing constructive to say do one.

If you talked to your sister in law like you've just posted then I'm not surprised you were shown the door .....talk to me like that you've have have been thrown out.

B&T is correct - your mum would have had to have set up the POA in advance of any mental health issues developing - once they developed she would not have been in a position to set one up and the court of protection would have got involved.

reubenrd

i completely agree at this point of time!

Kellyseye

Thanks to all the people who have taken time to offer me advice, my comment made to bitter and twisted , because they twisted no pun intended what I said , I did not barge into my brothers house I spoke to my sil a week before politely and was sworn at , she is very uncouth and the f word is her favourie word to use, I also have to take into account my other disabled brother, and if my sil is abusing her POA i will take her to court, I now would like to close this post
Thanks again