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Power of attorney and family

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  • RAS
    RAS Posts: 35,650 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As your sister was joint attorney for your dad she was entitled to information about the finances.

    It sounds like none of you fully understood your responsibilities when you were involved with dad's finances. Your responsibility was to act in his best interests, not in mum's interests or to preserve dad's assets.

    However I understand that a care assessment would have assumed mum was entitled to half of dad's pension. The other half would have been used to fund his care had he not been sectioned and be used to enhance his experience of care.

    Based on what you've added, I think your mum should ask for a care assessment, involving your sister as well. And that would include mum explaining the historical context. You keep out of it as much as possible. Just answer direct questions from the assessor.


    If you've have not made a mistake, you've made nothing
  • RAS
    RAS Posts: 35,650 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It isn't about what you think is reasonable, it is about your legal duty.  I say this as someone who was challenged by a family member who didn't understand that attorneys have to act solely in the interests of the donor. And we had to answer to the PGO, who were happy with our understanding of our duties.

    Your sister could have reported you and mum to the PGO and they would have investigated.

    They would have decided what they thought "reasonable". If they agreed with you, OK. If not, they'd have removed you as attorneys and left your sister to manage dad's situation. And had the power to reallocate money. They won't now look at the situation because dad's dead, but during his lifetime, they were entitled to do so.
    If you've have not made a mistake, you've made nothing
  • Skye333
    Skye333 Posts: 5 Newbie
    Third Anniversary 10 Posts
    We followed our legal duty which was to make sure there was money that could be accessed for Dads care etc
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