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Brother has registered what was a joint power of attorney in his sole name

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Comments

  • tooldle
    tooldle Posts: 1,662 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Isn't the EPA different in that it can be used a soon a signed. There is no registration process?
  • Malthusian
    Malthusian Posts: 11,055 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    tooldle wrote: »
    Isn't the EPA different in that it can be used a soon a signed. There is no registration process?

    No, EPAs need to be registered as soon as the donor starts to lose mental capacity. LPAs can be registered any time. (And should be registered as soon as they're made to make sure that any mistakes can be corrected while the donor still has capacity)

    Unless I'm very much mistaken, the brother cannot remove the OP as Attorney. That would require the intervention of the Court of Protection and there's no way that could have happened so suddenly.

    The OP simply needs to contact her mother's banks and providers and ask them to send her statements covering the period since the POA was registered to set her mind at rest. This should be no problem as they should have each received the original power of attorney naming her jointly and severally with her brother. (If they haven't yet received the POA then send it to them.)

    If OP's brother is trying to do something untoward then this is a monumentally stupid way of going about it because using the Power of Attorney leaves a clear paper trail - if he was going to defraud her then he should have done it in a less obvious and incriminating way.
  • It's getting reported to the opg today under safeguarding rules
    now debt free and determined to maintain good spending habits and build savings
  • Malthusian
    Malthusian Posts: 11,055 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    It would be interesting to hear what the OPG say.
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