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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33311
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 husband has 8 siblings and 1 is a solicitor,the solicitor

Customer Question

My husband has 8 siblings and 1 is a solicitor,the solicitor is next of kin. Their mother has had an operation and is in hospital, the hospital team are suggesting she moves to a 'step down bed' in another facility to recuperate, the sister with next of kin wants her straight home and says she has the call on this as, please can you let me know if she has sole call on this or if the others need to agree (is it a majority vote, is it Dr call) and if the others can object to het having sole next of kin (they weren't asked and the mother is in failing mental health. We live in Northern Ireland. Thanks
Submitted: 4 months ago.
Category: Family Law
Expert:  Clare replied 4 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Has your mother ever signed a Lasting Power of Attorney?

Customer: replied 4 months ago.
the same sister has power of attorney
Expert:  Clare replied 4 months ago.

Is that for Finances or for Health and Welfare?

Customer: replied 4 months ago.
I don't know, she's a solicitor so reckon she's covered both, can you assume both and let me know from there! Thanks
Expert:  Clare replied 4 months ago.

You should have been given notice - when was it signed?

Customer: replied 4 months ago.
A long time ago, probably over 5years ago.
Expert:  Clare replied 4 months ago.

Do you remember seeing details about it at that time?

Customer: replied 4 months ago.
No, he was told about it but doesn't remember any details, thanks
Customer: replied 4 months ago.
Could the remaining siblings have her power of attorney overturned and ask that it's equally assigned to everyone?
Expert:  Clare replied 4 months ago.

The Power of Attorney deals with Financial matters only.

It does NOT mean that his sister has the sole right to make decisions about the care that your mother -in-law receives.

In terms of who decides it is in the end up to the doctor to say what is best for the patient - and your sister in law cannot go against that - and if she tries to then the majority of the siblings can over rule her.

I hope that this is of assistance - please ask if you need further details

Customer: replied 4 months ago.
Thank you. Do you think they could all get equal power of attorney over financial too? And I mentioned next of kin, does this have any legal right over mothers care? Thanks again
Expert:  Clare replied 4 months ago.

I am afraid only his mother can do that - assuming that she still has mental capacity

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