Brother has registered what was a joint power of attorney in his sole name

My mother is 88 and in a care home, basically very frail and forgetful , but not with a formal dementia diagnosis. However she isn't really capable of making some decisions .Mum self funds her care using her income and a little capital each month.

I am one of two children, and when trying to help her recently with an insurance matter discovered and was shocked and upset to find that my brother had registered the power of attorney she wrote years ago appointing us both in his sole name .

He won't reply to emails I've sent him asking about it, and I did actually say I object to what he's done. This is for multiple reasons including just wanting to help look after my mum.

I've checked and see he should have notified me in writing that he intended this course if action, and a lawyer friend of mine questioned how on earth he managed it given that I am named on the original document.

Friends of mine have suggested that if I report this to the office of the public guardian or get a solicitor to write, that it will cause a rift in the family but he's already done this surely?

Does anyone know what I could do? Thank you
now debt free and determined to maintain good spending habits and build savings
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Comments

  • meer53
    meer53 Posts: 10,217
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    Get legal advice.
  • martinthebandit
    martinthebandit Posts: 4,422
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    Have you any reason to think that your brother won't manage your fathers affairs properly?

    ........and does your brother have any reason to think you wouldn't?
  • My brother spends most of his time in the USA where he works. I don't think he can stay on top of her practical needs basically , otherwise no we are both in professional jobs and both able to do this. But I'd rather it was collaborative rather than him just taking over if I'm honest
    now debt free and determined to maintain good spending habits and build savings
  • RADDERS
    RADDERS Posts: 241
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    Was the POA set up as joint to make decisions or that you could individually make the decisions.
    I know that when we set up my parents POA it was set up as both my sister and I as attorneys but only one was needed to action any decisions. When it was needed to be used I was the only one who registered it as my sister was only on as reserve and did not want to do the official side of things she was quite happy for me to do this, but she did trust me to do the right thing. But if I had been incapacitated or if something had happened to me she would have stepped in.
    Do you not trust your brother is this the problem ?
  • As I've said. I'd like the situation to be collaborative and also have the ability to help mum with the stuff she needs. I don't trust the financial advisor that mum uses, and my brother doesn't have the right level of knowledge to know he's not quite trustworthy.

    But going back to the poa the guidelines are that Someone wishing to register it must notify all the family in writing before doing so.

    My brother had no basis in law to take that action and I'm distrusting now of his motivations yes, because he has been underhand. But I'm stuck because taking any action will make family relationships even more difficult
    now debt free and determined to maintain good spending habits and build savings
  • If it's not that clear/ if my mother set up an EPA for both my brother and I to act, he cannot go and register it in his sole name .
    now debt free and determined to maintain good spending habits and build savings
  • RADDERS
    RADDERS Posts: 241
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    If it's not that clear/ if my mother set up an EPA for both my brother and I to act, he cannot go and register it in his sole name .

    It will say on the POA how the attorneys can act either jointly and severally or jointly, if it is the former then as far as I am aware then the company could accept this without any other action needed and let your brother do what is needed.
    When I went into the banks with my mum and dads there was no mention of my sister by them as it said jointly and severally.
    I have actually just checked my own POA for the exact wording.
  • Please read this:

    https://www.gov.uk/enduring-power-attorney-duties/register-an-enduring-power-of-attorney

    There is a whole section on notifying others of an intention to register poa, that's notwithstanding the joint or joint and several issue which applies to the administration of the affairs of the Donor.
    now debt free and determined to maintain good spending habits and build savings
  • Registration is with the office of the public guardian not a " company "
    now debt free and determined to maintain good spending habits and build savings
  • Keep_pedalling
    Keep_pedalling Posts: 16,441
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    Most POAs are set up so that the attorneys can operate jointly and separately and it sounds like this is the case here. The option to operate jointly only is not a good idea, as should one of your attorneys predecease you to lose the ability to act will cause the POA to fail.

    There is nothing stopplng you doing the same as your brother so that you at least have the visibility to see what is going on.
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