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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Can a sibling change the attorney of power that I have even

Resolved Question:

Can a sibling change the attorney of power that I have even though my two brothers are on the forms and haven't contested. My mum was of sound mind at the time we arranged this. My sister hadn't been around for two years and is now coming back making trouble. My mum is now a little forgetful. Thankyou
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

In what way if the sibling wishing to change the power?
Customer: replied 2 years ago.
She is unaware of this yet, she only came back to see my mum as she had missed car payments, mum took out a loan 3years ago for her. I asked her to jake payments and she turned up at my mums asking her if she could pay this another time. My mum is easily manipulated by my sister and a bit scared of her. The reason I look after her account is because her son was previously living with my mum and taking all her money, he has since served time for steeling and drugs. As soon as I give her a copy of the power of attorney I know she will try to contest thus. Both my brothers are happy with me looking after my mums finances and I am only just getting her out of the debt that my sisters family got her into. My brothers and I are now completing health and well fair power of attorney before my mum loses capacity as she is having memory problems at the moment. I am a registered nurse and follow the NMC code of conduct so this is why my brothers asked me to do this
Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

Your sister may object to the registration of the lasting power of attorney on limited grounds e.g. that your mother did not have the mental capacity at the time of making the power of attorney.

See here for more information:

http://www.lpauk.com/how-lasting-powers-attorney-uk-lpa-work/how-to-object-to-registration-of-lasting-power-of-attorney/

May I help further?
Customer: replied 2 years ago.
Even though this was signed by an independent witness and my mum was of sound mind at this time.
Expert:  UKSolicitorJA replied 2 years ago.
Yes, she may object to it in which case your mum and the independent witness could be questioned to assess whether or not your sister has a valid objection. If she does not, the power of attorney should be registered.

All the best
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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