Advice re Power of Attorney

56cheffy

Not sure this is in the right place..but here goes anyway....

My uncle died a couple of years ago.

My 80 year old aunt has never had to do the usual things people do regarding bills, banks, etc...normal everyday things.

So her daughter looks after that, just like any caring child would do, except she is not a 'caring' person.

They all live together, but she is being verbally and mentally abused by both her daughter and more so by her husband.

I won't go in to detail here.

I recently found out that the daughter, despite my aunt being in full control of her faculties has 'power of attorney' over her.

My aunt has no idea about any of her finances, all her post is opened for her, she never sees bank statements, etc.

I suspect that her daughter is 'robbing her blind'.

I doubt that my aunt even knew what she was actually signing when when she handed POA over to her, it would not have been explained to her, but like I said, she is mentally and physically more than able to do these things for herself.

If my suspicions are correct what can my aunt do if she found out that her daughter was acting in her best interests and not in the best interests of my aunt?

Thanks.

pmlindyloo

There are several things that can be done.

Read through this:

https://www.gov.uk/power-of-attorney/overview

pmlindyloo

Another link for you:

https://www.gov.uk/report-concern-about-attorney-deputy

Errata

If you suspect financial and emotional abuse has occurred speak to these people http://www.elderabuse.org.uk/

Pollycat

If it was in the last couple of years, I'm assuming that it is a Lasting PoA rather than Enduring PoA.

There are 2 types of LPoA:
Health and Welfare
Property & Finance

To have it registered, it's not just a case of getting the 'donor' i.e. your Aunt to sign.
There has to be at least one Certificate Provider - someone who has known the donor for at least 2 years as more than an acquaintance or someone with relevant professional skills.
This can't be a close family member so not your Aunt's daughter or son-in-law.

The Certificate Provider should speak to the donor to ensure he/she is aware of the powers they are giving to their Attorney.

If you have only one Certificate Provider, you need to nominate 'People to be told' that PoA is being applied for - up to 5 people.

Do you know who your Aunt's daughter would have involved in the above categories when setting up this PoA?

Mr_Toad

Has she really got power of attorney or has she just told you she has it to make what she's doing sound legal and above board and to stop you asking too many questions?

Pollycat

Mr_Toad wrote: »

Has she really got power of attorney or has she just told you she has it to make what she's doing sound legal and above board and to stop you asking too many questions?

That's sort-of where my post was coming from.

Registering PoA is not just a case of getting someone to sign a form.

Well done to the OP for trying to look out for her Aunt.
I just can't understand anyone wanting to rip their own parents off - although I do appreciate that it happens. :mad: