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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33323
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hello. My sister has POA over my mothers affairs, this was

Customer Question

Hello.

My sister has POA over my mothers affairs, this was done without my other sister or myself knowing anything about it. I have requested copies of this document from her for my other sister and myself which my mother now thinks we should have. The sister that has POA refuses to send these copies as my mother wishes. I have done a search with the atorney's office and have a brief outline. My sister said that she had no deputies and was doing this alone, I have found out that in fact her husband is deputy. There are also special conditions attached to this POA but I don't know what they are and my sister refuses to tell me. All I want is to know that my mother is going to be ok going forward, I have no want to wrestle the power away from my sister, I just want to know what is going on and to ensure that this POA that was formed on the internet is a proper legal document.

kind regards

Phil Wherrett
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first.
When was this signed - do you know?
Claire
Customer: replied 3 years ago.

Hi There


I believe that the POA has been in force for around 4 years, but I only found out about its existence around a year ago.

Customer: replied 3 years ago.

around 4-5 years ago I think, but am not sure

Expert:  Clare replied 3 years ago.
Hi
Is your mother still mentally competent?
Claire
Customer: replied 3 years ago.


Yes, my mother is very sound mentally for her age and as sharp as a pin !!

Customer: replied 3 years ago.


I would also like to state that my mother is a little afraid of my eldest sister, as she has a tendancy to bully her way through things, she has a nasty streak that all the family have a problem with.

Expert:  Clare replied 3 years ago.
Hi
Just to ask - would your mother like now to cancel this Power?
Claire
Customer: replied 3 years ago.

I don't think she does because of the reaction she would get from my eldest sister. I don't have dialogue with my eldest sister, relations broke down over this issue around a year ago. I believe my mother would be too frightened to cancel.


All I want to know is that the document is legal as my sister did it over the internet and I believe that it was witnessed by her cleaners!! my mother does not remember having the document explained to her at anytime and I just hope that it has been done correctly. if I find it has, thats great and I am willing for my sister to carry on and I won't get involved. I owe to my mother to have it checked out and she want's to see it for herself. My worry is because my sister won't give anybody a copy, its not done properly and I think by requesting a copy I am somehow undermining her intergrity, which is not the reason.


I think I have read somewhere that siblings are entitled to see this document, it that correct?

Expert:  Clare replied 3 years ago.
Hi
If that is what happened then is is most unlikely that it is a bona fide power of attorney as these days they have to be Registered if they are to web used.
You can check whether or not there is a Power of Attorney registered here
https://www.gov.uk/find-someones-attorney-or-deputy
And then you can get your mother to obtain a copy from there if she wishes
I hope that this is of assistance - please ask if you need further details
Claire
Customer: replied 3 years ago.

The POA is regisered, I have had a very brief report from the Office of the Public Guardian that shows she was lying about the deputy as her husband was stated on the form. what the special conditions are was not specified and I would like to know. Can I request a full copy or does this have to come from my mother

Expert:  Clare replied 3 years ago.
Hi
The request has too come from your Mother - who should also ask who was given as the people to be contacted at the time of Registration
Clare

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