Sibling claims she has power of attorney

Marcon

biggysmaller said:

Marcon said:

biggysmaller said:

SusieT said:

It could be that the POA has been applied for but not yet granted (in which case it may be possible to object if you had a very good reason), and that the office of public guardian had authorised a one off payment to the care home or for another specified bill. Agree more information is needed

The information I have received from sibling is that she has been granted POA by a judge and there's nothing I can do about it because a judge has agreed with her application. 
This is contradictory to the search at the Office of Public Guardian. My mother's bank also have no records of a deputyship. And no access to my mother's account has occurred since last December. 
All very distressing.

It may still be in course of registration, since it doesn't sound as if your sister has actually used it. If your mother's account hasn't been accessed since last December, then your sister clearly isn't taking funds from it, so what exactly is the issue/causing you such distress?

My concerns will be that she has told other family members that she has absolute Power over all of mum's estate and is using that Power to cause me distress which is not in the best interests of my mother. She has already demonised me with the family.

Your mother has dementia so this sort of sibling squabble isn't likely to impact on her already limited world, provided you don't make any attempt to bring it to your mother's notice (and I'm sure you wouldn't wish to risk distress to her by doing so).

Why does it matter if your sister has POA, provided she acts in your mother's best interests? You have said in another post that your mother doesn't have long to live https://forums.moneysavingexpert.com/discussion/6388133/inheritance-will-stop-all-my-disability-benefits-no-trustee/p1 so trying to make the most of her final days is surely the highest priority?

Daniel54

Marcon said:

biggysmaller said:

Marcon said:

biggysmaller said:

SusieT said:

It could be that the POA has been applied for but not yet granted (in which case it may be possible to object if you had a very good reason), and that the office of public guardian had authorised a one off payment to the care home or for another specified bill. Agree more information is needed

The information I have received from sibling is that she has been granted POA by a judge and there's nothing I can do about it because a judge has agreed with her application. 
This is contradictory to the search at the Office of Public Guardian. My mother's bank also have no records of a deputyship. And no access to my mother's account has occurred since last December. 
All very distressing.

It may still be in course of registration, since it doesn't sound as if your sister has actually used it. If your mother's account hasn't been accessed since last December, then your sister clearly isn't taking funds from it, so what exactly is the issue/causing you such distress?

My concerns will be that she has told other family members that she has absolute Power over all of mum's estate and is using that Power to cause me distress which is not in the best interests of my mother. She has already demonised me with the family.

Your mother has dementia so this sort of sibling squabble isn't likely to impact on her already limited world, provided you don't make any attempt to bring it to your mother's notice (and I'm sure you wouldn't wish to risk distress to her by doing so).

Why does it matter if your sister has POA, provided she acts in your mother's best interests? You have said in another post that your mother doesn't have long to live https://forums.moneysavingexpert.com/discussion/6388133/inheritance-will-stop-all-my-disability-benefits-no-trustee/p1 so trying to make the most of her final days is surely the highest priority?

Macron- I fully endorse the comments in your post

I would add that having power of attorney is a heavy responsibility.I had not seen the thread you link to.

Distress ( perceived or actual) to another family member is irrelevant to the attorney's primary responsibility to act in the best best interest of the donor

Thankfully I have not experienced familial difficulty when acting as attorney,But the correct course of action is clear ( best interests ) and does not involve the OP feeling miffed

sevenhills

biggysmaller said

I have it written in black and white from care home that rhe local authority were not told of my existence therefore sister was given power to make decisions.

If your sister was available and you were working etc then it's understandable that she would make the decisions.

biggysmaller

sevenhills said:

biggysmaller said

I have it written in black and white from care home that rhe local authority were not told of my existence therefore sister was given power to make decisions.

If your sister was available and you were working etc then it's understandable that she would make the decisions.

That was not the case 

elsien

The care home, hospital, local authority or anyone else should be insisting on seeing the paperwork before they take anyone’s word for it that there is a power-of-attorney or deputy ship. It’s unlikely to be a deputy ship for health and welfare because the court of protection generally consider protections under the mental capacity act are sufficient as regards the best interest processes.
For big decisions such as where the person should live in the mental capacity act does give a duty to consult relevant people, not just one person nominating themselves as next of kin. However if the relatives are in disagreement then it should not cut them out of the process  but it can make life very difficult for the care home stuck in the middle. 

Without an LPA Then the care home cannot say that your sister has been given authority to make decisions because that isn’t the case.
I’d be interested to see the exact wording that they have used?

However it does mean that for the day-to-day decisions, the manager of the care home will be the decision maker taking any conflicting views into account. 

If your mother lacks capacity around her care and support needs, the care home will need to apply to the local authority for a deprivation of liberty safeguards and authorisation. You may wish to contact the local authority DoLS team to request  that you are consulted in this as well as your sister And put yourself on the radar. 

However I do concur with everyone else here who is saying that trying to resolve this amicably even if it if it involves a degree of compromise is what is going to be in your mum’s best interests. 

macman

If you don't believe your sister has POA, then why don't you simply ask her for proof, by way of the documentation?

BrassicWoman

biggysmaller said:

To report her or not. She's told all my family she has power.

Is anyone else stepping up to do it? It is a huge task.

If not - let her get on with it.

tooldle

biggysmaller said:

I need to add that when my mum was admitted to hospital pre care home my sister did not declare to local authority or social worker she had a son!

The situation appears to have been going on for some months. Are you saying that you were unaware of your mother being in hospital? With the ‘family’ telling you of your siblings every move, not knowing of your mothers hospitalisation seems odd.

sheramber

biggysmaller said:

Brie said:

biggysmaller said:

I need to add that when my mum was admitted to hospital pre care home my sister did not declare to local authority or social worker she had a son!

Maybe it's just a case of her not mentioning it.  This would be ok for a lot of situations.  But if she was asked "are there any other next of kin that might call or need to be informed?" and she said there wasn't - well that's not very good.  But when there's a conflict (for whatever reason, no matter who is at fault) there may be times when someone needs to say "whatever you do don't let A or B in to see her as it will cause all sorts of problems!"   I presume that's not the situation with you as your say no one was aware of your existence.

Ultimately it sounds like you and Sis need to talk this one out.

I have it written in black and white from care home that rhe local authority were not told of my existence therefore sister was given power to make decisions.

Could she be an appointee for DWP rather than have full POA?

How do you know her bank account has not been accessed?

Are the bank discussing your mother's account with you without authority?

biggysmaller

tooldle said:

biggysmaller said:

I need to add that when my mum was admitted to hospital pre care home my sister did not declare to local authority or social worker she had a son!

The situation appears to have been going on for some months. Are you saying that you were unaware of your mother being in hospital? With the ‘family’ telling you of your siblings every move, not knowing of your mothers hospitalisation seems odd.

Family did not inform me until after. Blaming me on not visiting.