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James Mather
James Mather,
Category: Law
Satisfied Customers: 22624
Experience:  Senior Partner at Berkson Wallace
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what records must be kept by a power of attorney

Customer Question

what records must be kept by a power of attorney
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.
-Could you explain your situation a little more?

Customer: replied 4 years ago.

my sister has the power over my mother and has clear all her contents formher home not a lot of value but my mother who like to kept small thinks plus three paints value app. £1ooo

Expert:  James Mather replied 4 years ago.




The duty is to keep accurate records
which includes all financial and other transactions.

Is she has sold things she must be able
to provide receipts for the sale or face questions or possible action from beneficiaries
when mother dies.



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Customer: replied 4 years ago.

can i see her bank a/c to check all moneys spent have receipts my mother had £10,000 plus in oct.

Expert:  James Mather replied 4 years ago.

No.

The records can be kept as confidential as if they were your mother's own. She is under duty to keep records but no duty to disclose them although she should make annual retun to court of protection.

Customer: replied 4 years ago.

who can see court of protection

Expert:  James Mather replied 4 years ago.

The court can see them.You have no right to see any records any more than see them if your mother was in charge of her own affairs.

If you think she is up to no good, and you are considering litigation, you can apply to court for a pre-action disclosure order.

She has nothing to gain by being secretive and only raises suspicion.

If she were asking the question I would tell her to let you see everything although without a court order, that decision is hers