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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My sons have been given Power of Attorney of their fathers

Resolved Question:

My sons have been given Power of Attorney of their fathers affairs in the future but have found that he has included his new wife and her children in this instance, which when it comes down to it, it could be a case of 3 versus 2. They have not had a mirrored Power of Attorney for his wife, is there anything they can do to challenge this please.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
I am not certain exactly what their father has done - could you explain a little more about the background please
Clare
Customer: replied 3 years ago.

Father is fit and healthy, has done this as a forward thinking measure because he does not live locally and sees it as preemptive measure in case of an accident etc

Expert:  Clare replied 3 years ago.
Hi
How many Attorneys has he appointed?
Clare
Customer: replied 3 years ago.

5

Expert:  Clare replied 3 years ago.
Hi
I am afraid that there is nothing that your children can do to challenge this.
Their father is entitled to make whatever arrangements he wishes - including excluding the children altogether if he wished.
However the fact is that the Power can only be exercised for the Benefit of the Donor and if your children felt that this was not being done then they could make an Application for the Court of Protection to intervene
Please ask if you need further details
Clare
Customer: replied 3 years ago.

Unfortunately this will not resolve the situation that they are in and neither would they have they funds available to challenge the fact that benefits of the donor was not being served. Neither am I in a financial state to help either.Thankyou

Expert:  Clare replied 3 years ago.
Hi
Again please do not worry.
If the others are not acting in the nest interests of their father they REPORT the matter to the Official Solicitor - who investigates and decides if there is a problem
Clare
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