Lasting power of attorney

bintymacduff

Hi... I'm new to this forum and hoping that someone might be able to give some advice. Hopefully it's in the right place!

My dad had a severe stroke in March aged 58, leaving him with significant disability and what I believe to be fluctuating capacity (I'm a registered mental health nurse so fairly clued up on process for assessing this). My step mum is next of kin however she was unable to access any of dad's affairs due to data protection/confidentiality etc. Therefore, she applied for lasting power of attorney for finances and health/welfare. She asked me and her daughter - dad's step daughter - to act as replacements should anything happen to her and we both signed the paperwork together. I have a sister who lives in Spain and she has yesterday received paperwork staying that in fact my step mum and step sister have applied as joint attorneys with me as a replacement - my step mum became very cagey when my sister tried to discuss this with her and changed the subject. Firstly I'm upset that they have done this and changed the application without letting me know. Secondly, I don't know about the legalities of my signing the paperwork as replacement if it was under 'false pretence' as it were and why wasn't I informed by the solicitor of the joint application by them as my sister in Spain was? Thirdly, I genuinely believe my dad would not be happy with my step sister being joint attorney and not myself - she can be quite hot headed and impulsive and I don't actually think she fully understands the process as I had to explain to her what we were signing and what it meant when I beleived we were both acting as replacements. I feel like I'm caught between a rock and a hard place as I do not want to cause any tensions or arguments in what is an already hugely stressful situation, however it all seems very final and this whole set up does not sit right with me - I don't actually believe they would do anything not in dad's best wishes but I'm obviously a bit anxious now that it all seems to have been done quietly and deliberately without me knowing and I'm worried that myself and my sister - as his closest blood relations - have not got any say from a legal point of view in his finances or more importantly, his care. This is due to go through within the next fortnight so I'm restricted by time. Any helpful hints and tips are welcome! Thanks in advance x

elsien

If your dad has capacity then he has agreed to your stepsister being a joint attorney. If he wouldn't be happy with this but has signed anyway, then you're effectively saying he lacks capacity around the issue or is being coerced. And if he doesn't have capacity then the power of attorney should not go through, and a deputyship applied for instead.

This is not about what any of you think is best, but about your dad's wishes and who he wants to act for him. The way you have written the post, there is a strong implication that your dad hasn't been involved in any of the decisions, but is signing whatever is put in front of him. That in itself is concerning.

So on the days that your dad is at his best, who does he want to act for him?
Additionally, given that he may have fluctuating capacity leaving the power of attorney open to challenge, who is certifying that he knows what he is agreeing to? I suggest you get a professional who knows him well to consider that aspect of it.

elsien

Also to add, you can object to the power of attorney if you have sufficient grounds. If you don't want to rock the boat, then there isn't really another option other than talking to dad and family yourself about your concerns.

https://www.gov.uk/object-registration

elsien

Option 3 - write to the solicitor with your reservations. They can't discuss with you if you're not their client, but it should prompt them to take more care than they may otherwise in confirming your dad's wishes etc.

bintymacduff

Thanks for your replies elsien, they are very helpful. I know that he signed for my step mum to be attorney in the presence of the solicitor whilst he was still in hospital. I have no idea how or when or with whom he signed for my step sister to apply as joint attorney as as far as I was concerned we both signed as replacements when we attended the solicitors together. Do you think that i should have received a notification letter of the joint application like my sister did? I really don't think dad currently is able to understand or retain information about this situation and therefore make any decisions about it and I do query how his capacity was assessed at the point of any form signing. Like I say, knowing dad from before the stroke, I truly do not believe he would put my step sister and not myself or my sister in a position where she acts for him. I plan on trying to see the solicitor and/or seeking further advice tomorrow :-)

Fire_Fox

bintymacduff wrote: »

Hi... I'm new to this forum and hoping that someone might be able to give some advice. Hopefully it's in the right place!

My dad had a severe stroke in March aged 58, leaving him with significant disability and what I believe to be fluctuating capacity (I'm a registered mental health nurse so fairly clued up on process for assessing this). My step mum is next of kin however she was unable to access any of dad's affairs due to data protection/confidentiality etc. Therefore, she applied for lasting power of attorney for finances and health/welfare. She asked me and her daughter - dad's step daughter - to act as replacements should anything happen to her and we both signed the paperwork together.

I have a sister who lives in Spain and she has yesterday received paperwork staying that in fact my step mum and step sister have applied as joint attorneys with me as a replacement - my step mum became very cagey when my sister tried to discuss this with her and changed the subject. Firstly I'm upset that they have done this and changed the application without letting me know. Secondly, I don't know about the legalities of my signing the paperwork as replacement if it was under 'false pretence' as it were and why wasn't I informed by the solicitor of the joint application by them as my sister in Spain was?

Thirdly, I genuinely believe my dad would not be happy with my step sister being joint attorney and not myself - she can be quite hot headed and impulsive and I don't actually think she fully understands the process as I had to explain to her what we were signing and what it meant when I beleived we were both acting as replacements. I feel like I'm caught between a rock and a hard place as I do not want to cause any tensions or arguments in what is an already hugely stressful situation, however it all seems very final and this whole set up does not sit right with me -

I don't actually believe they would do anything not in dad's best wishes but I'm obviously a bit anxious now that it all seems to have been done quietly and deliberately without me knowing and I'm worried that myself and my sister - as his closest blood relations - have not got any say from a legal point of view in his finances or more importantly, his care. This is due to go through within the next fortnight so I'm restricted by time. Any helpful hints and tips are welcome! Thanks in advance x

Sad to read of your father's stroke at such an age. (((hugs))))

Lasting Power of Attorney is applied for and registered by the person/ subject, or by a solicitor acting for them. Not by the next of kin or the attorneys themselves. Could your disquiet and anxiety be down to misunderstanding who is leading the process (the solicitor)?

Is your sister in Spain willing and able to share the precise wording of the document she has received with you? Scan or digital photo and e-mail, read aloud over the telephone?

Being an attorney or deputy is the opposite of "having your say". It is about helping the person/ subject have their say on even minor or trivial matters, about carrying out their stated wishes, head over heart however difficult, even going against the best interests of yourself or loved ones (eg. sister).

An attorney or deputy can be a relative, friend, a solicitor, a social worker, a healthcare professional, a care home manager .... Since all should make logical decisions in the person's best interests, you should all come to a similar conclusion in a given situation.