Power of attorney

clover_mist

My father is currently in a hospice with terminal cancer, he currently is his mums lasting power of attorney. My aunt (his sister) wants to now take over being power of attorney for my Nan and has started the ball rolling. My concern is my dad said to me he doesn’t think it’s a good idea she has control over my nans finances as she’s not good with money and will blow it all. Also he has completely lost his faculties and mental state so is completely in aware this is going on. My question is would she need him to sign anything as if yes she may have done it fraudulently as he would not have a clue what he was signing. Also she has decided to take over as his next of kin which I think should be me as I’m his only child. Any advice would be much appreciated as I just don’t know where to start 

p00hsticks

I'm sorry to hear about your father. 

There is no legal definition of 'next of kin' although the NHS tend to use that term in relation to who they should contact if they need to when a relative is in hospital. I think in the circumstances a child would usually be considered as a closer relative than a sibling but you need to speak to the hospice about that as it will depend on individual circumstances - often they prefer the name of someone who lives close by, for example.  

Someone who is a PoA cannot simply sign over their responsibilities to another person - if your Nan felt that your father was no longer capable of holding the position she can ask the Office of the Public Guardian (OPG) to revoke the Poa, but if she then wants someone else to take over who is not currently named then she would need to set up a new LPOA (assuming that she still has the mental capacity to do either of these tasks).
Make, register or end a lasting power of attorney: Removing an attorney - GOV.UK (www.gov.uk)

Your next step is probably to speak to your Nan and aunt to find out exactly how 'the ball has started rolling', and perhaps suggest that you would like to be involved (assuming you would ?) Would you be happy to take on the management of your Nan's finances ? If not is there anyone else in the family other that your aunt who could ?

Note that there are two types of LPOA - one for 'Health and Welfare' and the other for 'finances and Property'. If it is simply that your aunt is not good with money, perhaps you could suggest that your aunt has the former and you or another family member have the latter, so that there is more than one person to shoulder the responsibility  ?

Linton

clover_mist said:

My father is currently in a hospice with terminal cancer, he currently is his mums lasting power of attorney. My aunt (his sister) wants to now take over being power of attorney for my Nan and has started the ball rolling. My concern is my dad said to me he doesn’t think it’s a good idea she has control over my nans finances as she’s not good with money and will blow it all. Also he has completely lost his faculties and mental state so is completely in aware this is going on. My question is would she need him to sign anything as if yes she may have done it fraudulently as he would not have a clue what he was signing. Also she has decided to take over as his next of kin which I think should be me as I’m his only child. Any advice would be much appreciated as I just don’t know where to start 

Nan's PoA

I am not a lawyer, but believe (from prior knowledge and https://www.co-oplegalservices.co.uk/media-centre/articles-may-aug-2017/what-to-do-if-an-lpa-attorney-dies-before-you/ ) that if an attorney dies or becomes incapable:

1) If there are multiple attorneys and a surviving one can act on their own initiative ("jointly and severally") then they can take over. Just "jointly" is not good enough.

2)  If capable the donor can nominate a new attorney

3) If the donor is not capable a "deputy" must be appointed by the Court of Protection.  The linked page notes 

If there isn’t a valid LPA in place and you lose capacity, your loved ones will have no other choice but to apply to the Court for a deputyship order. This can be a long and expensive process. If no one is able or willing to go through this process, it will fall to representatives of your Local Authority to make decisions on your behalf.

The Court can appoint more than one deputy so unless your aunt is already appointed you could also apply.  Perhaps it would be best if you and your aunt come to a joint decision.  A deputy has much the same authority as an Attorney but a Deputy is required to provide the Office of the Public Guardian with an annual report.

I think that if you want to be involved you must consult a solicitor rather than rely on the internet.  Do you have any evidence that your aunt is not an appropriate person?

Dad's next of kin

"Next of Kin" has no legal meaning or authority.  It is used by hospitals, police etc to denote the person who they should contact regarding matters concerning someone in their charge.  So if you want the hospice to contact you I suggest you simply ask them.

Keep_pedalling

Does your Nan still have the mental capacity to make a new LPA? If not then someone will need to apply for deputyship unless her LPA has back-up attorneys in place.  

If she does have capacity it would be wise not to make the same mistake and appoint two attorneys not just your aunt.