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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience:  Solicitors 2 years plus PQE
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Recently I was shocked to learn that my daughter had taken

Resolved Question:

Recently I was shocked to learn that my daughter had taken my elderly mother 84yrs to a solicitor of her choice and got her to sign for her authority as POA.
I am my mothers only child, and having explained to my mum, that my daughter now has legal rights over her finances, and could also sell her home, she was horrified, and immediately asked me as to what she can do to have this overturned.
It is very obvious that she has been coerced into this for alternative motives (self gain by deception)
would be most appreciative for your help in this very difficult situation for me and my mother.
Thanking you
June
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
If your mother has the capacity to grant a Power of Attorney she also has the capacity to withdraw it. THis can be done at anytime by signing a "Deed of Revocation" (is this is a last power of attorney).
In the mean time you should assist her in contacting her banks and informing them she has been unduly coerced into signing the PoA and they should temporarily freeze her accounts until further notice.
Does your daughter have access to her bank account?
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience: Solicitors 2 years plus PQE
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Customer: replied 2 years ago.

Hi AJ,Thank you for your reply.

Yes my daughter has access to my mothers accounts, in fact I left my mum £70 for her birthday on sunday 10th August 2014 and that afternoon after my daughter had been there,there was no sign of the £70 and she was the only person present. My mums purse is always empty, all her bank cards etc have gone also..

I noticed on the book that my mums carers sign that my daughter is named as her next of kin,surely when my daughter approached a solicitor about POA she would have been asked if my mum had any living children. Do you think that it is possible that my daughter posed as my mums daughter? By the way my daughter has disowned me and told lies on me for no reason what so ever.She has cut all ties with her sister and her sisters little children

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
If she has obtained a power of attorney by way of deception then this is fraud and is really a matter for the police if anything.
The solicitor concerned may have alot to answer for and so will her carers. If there is any suggestion that your mother does not have the capacity to sign a PoA then it would have had to have been referred to a doctor (her doctor).
A starting point should be to go back to the solicitor that draft the PoA - confirm with her doctor that she has the capacity to sign on her own behalf - and sign a deed of revocation. Then find out from the solicitor whether your daughter has acted under false pretenses.
You may have to consider the possibility of reporting the matter to the police if your daughter has been stealing from your mother.
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 2 years ago.

H

i AJ,Thank you so much for your help and professional advice.

I

will be in touch should I have any further concerns in this matter

Thanks June

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