power of attorney

Nicky71

Help please. My father passed away 4 years ago, my elder brother lives in America and just completly took over my mother`s care and finances, even though he had`nt bothered with my parents for years - I had. He then obtained Power of Attorney without my knowledge or consent (my relationship with my mother has always been difficult) I was not given the option to raise any objections. The 1st solicitor refused to do the POA as he felt my mother did not have the capacity to understand what she was agreeing to, I also believed this as in the few conversations with her, it was clear she did not understand what she had signed away. My brother eventully moved my mother into a care home, far from where we, her family lived. My mother is now dying in a hospital and I have been visiting her. My brother has flew over for a week, he had a meeting with the pallative care team on his own. He decided that once my unresponsive mother is stable enough she will be moved back to the care home to die. I believe that my mother should be moved to a hospice, where she will be fully cared for and where her family can visit. (the care home is inacessable without a car, i dont drive) I feel completly powerless and I just want the best for my mum. I also believe that my brother`s wife wrote my mum`s will and that my brother is executor of that will. I feel that my mum was manipulated after my dad`s death by my brother, and I do not believe how someone can make decisions for someone in a different country and time zone. Any advice would be greatly appreciated, thank you.

Margot123

I'm so sorry to hear of you, and your Mum's, situation. I hope that whatever happens, she receives the best of care and compassion in the time she has left.

Have you contacted the hospital palliative care team and explained the strained relationship you have with your brother? In the circumstances, I'm sure they will arrange an urgent meeting with you as they have as much a duty of care to relatives as they do with patients. If you feel any decision is wrong for your Mum, then you must speak up now.

However, spaces in care homes for 'end of life' care are very few and your Mum could be sent anywhere within her area. It may be awful that you are unable to visit but they have to make sure the level of care for her is appropriate.

You could ask whether funding is available to subsidise your visits by taxi or whatever. Hospitals have PALS offices where you can ask for help with travel etc:
https://www.nhs.uk/Service-Search/Patient%20advice%20and%20liaison%20services%20(PALS)/LocationSearch/363

Keep_pedalling

If the OPs brother has POA for health as well as finance, he is the only one the health teams will deal with.

Margot123

Keep_pedalling wrote: »

If the OPs brother has POA for health as well as finance, he is the only one the health teams will deal with.

From my experience and from others, actually, in practice they do not adhere to that particular POA (health and welfare). They should do but they don't. There may be cases where the POA has been examined but I haven't heard of one yet.

Yorkshireman99

Margot123 wrote: »

From my experience and from others, actually, in practice they do not adhere to that particular POA (health and welfare). They should do but they don't. There may be cases where the POA has been examined but I haven't heard of one yet.

AIUI they will always try and put the patients best interests first. If push comes to shove then they may apply to the court. I was not aware that an attorney could be appointed without other relatives being notified. Likewise an attorney living outside the court’s jurisdiction is questionable. I think the OP needs to urgently tell the hospital the facts.

Linton

I do not believe there is any requirement for relatives to be told about the granting of a PoA. Which relatives? By who? The donor, provided they have mental capacity, can appoint whoever they want.

Anyone, relative or not, who believes that PoA for someone unable to make decisions for themselves is being abused can of course raise it with the Court of Protection. The Court may not have jurisdiction over the attorney but it surely has jurisdiction over the actions of the attorney within the UK.

If the OP has evidence that the will was written under duress she can take action.

Given that the OP has stated that her relationship with her mother has been difficult is it possible that the brother has felt compelled to take over?

As suggested the OP should discuss her mother's situation with the hospital. I would guess it wouldnt be the first time there have had to deal with disputes amongst the family.

Yorkshireman99

The POA application form has provision for people to be notified when it is registered. If the POA has been obtained by dubious means it is hard to prove, If the attorny is outside the court's jurisdiction it can be impossible to serve legal notices. Not a happy situation.

Margot123

The OP appears to have more pressing issues than requesting assistance from The Court of Protection.

It would be advisable to speak face-to-face with the palliative care team nurse as a matter of urgency. They will do all they can to make sure their patient has as comfortable a passing as possible. People at the very end of their life can always sense tensions even if they appear unresponsive, and it would be helpful for them if differences were put aside for the time being.

getmore4less

The court has no statutory powers of oversight of attorney but does have the power to investigate complaints and take action.

ultimately if the attorney does not comply they can be removed.

As for notifications,
IIRC there was a requirement to notify at least one person but that was ineffective as it could be the certificate provider.

Current LPA forms do not have any requirement to notify anyone.

getmore4less

I knew this had come up before turns out it was this year


https://forums.moneysavingexpert.com/discussion/5624969

posts 9 and 18 are probably the most relevant to this thread
The forms changed in 2016.
(With the old forms you could still have one certificate provider and have them as the person to notify so no real change with the new forms.)




Some posters memories are failing them.