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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33827
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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hi my sister has been appointed power of eterney of my mothers

Customer Question

hi my sister has been appointed power of eterney of my mothers estate.she used the family solicitor to obtain this power,this solicitor represents both my mother and my self ,has this solicitor done wrong due to the conflict of intrest.my sister went on to systematicly loot my mothers estate, do i have a complaint against the solicitor
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** *****
I will do my best to help you but I need some further information first.
When was the appointment and what has actually happened?
Clare
Customer: replied 2 years ago.

what information do you need

Expert:  Clare replied 2 years ago.
Hi
When was the appointment and what has actually happened?
Clare
Customer: replied 2 years ago.

The appointment was made in july last year .my mother made a will because she did not trust my sister to manage her estate. my sister went to the solicitor who made that will and used that solicitor to obtain power of eterny.the same solicitor has represented myself .i did object to the appointment and told the solicitor of my objections my sister went on to systematicly rob my mothers estate .and now my mother has nothing left to pay the bills.and i just dont know what to do .thanking you

Expert:  Clare replied 2 years ago.
Hi
How did she rob the estate?
Has it been reported to the police?
Clare
Customer: replied 2 years ago.

as she had power of eterny there was nothing i could do as i had no proff it has only just come to light that my sister is under investigation by ,whomb i do not know i have not spoken to the police i would not know where to begin she has removed thousands of pounds pottery jewellry and anything of value ,sold it and spent the money ,she has bought a car

insured it ,been on holiday to florida twice ,bought her daughter a wedding dress ,her son a phone ,a new x box and new clothes, a caravan in wales and she has done all of this whilst on jobsekers allowence and the only way she could have done this is with money from my mothers estate,

Expert:  Clare replied 2 years ago.
Hi
Did your mother have full mental capacity at the time she made the Power of Attorney?
Clare
Customer: replied 2 years ago.

no and my sister took advantage of that fact to rob her

Customer: replied 2 years ago.

the high court in london gave my sister power of eterny not my mother. i did file an objection

Expert:  Clare replied 2 years ago.
Hi
Do you mean she was appointed as her Deputy?
Clare
Customer: replied 2 years ago.

my mother is in a care home and my sister has control of her finances so i suppose she is

a deputy

Expert:  Clare replied 2 years ago.
Hi
Who is paying for the Care Home?
Which court was the hearing at?
Do you have the paperwork?
Clare
Customer: replied 2 years ago.

I dont know who is paying for the care home.

the court of protection.

my solicitor who i employed to stop this has the paper work

Expert:  Clare replied 2 years ago.
Hi
Did the solicitor who acted for your mother and sister use any personal information about you that he could only have known because he had acted for you in the past?
Clare
Customer: replied 2 years ago.

dont know

Expert:  Clare replied 2 years ago.
Hi
Did you attend the Court hearing?
was anything said about you that only the solicitors could have known?
Clare
Customer: replied 2 years ago.

no i did not attend the court my sister told the court that my mother did not trust me my mother made a will which demonstrates her fear of my sister having control of her estate i tried to stop it and now just what i said would happen has happend and my mothers estate has been robbed iwas never contacted by the court

Expert:  Clare replied 2 years ago.
Hi
When you spoke to the solicitor at the start of the matter did he indicate whether or not he ever spoke to your mother about appointing an Attorney?
Clare
Customer: replied 2 years ago.

no

Expert:  Clare replied 2 years ago.
Hi
You MAY have a cause for complaint.
It is very difficult to say without more information - and a review of the file.
However your starting point is to raise your concerns about your sisters actions as explained here
https://www.gov.uk/report-concern-about-attorney-deputy
Once the result of that is clear (and assuming there IS a problem) then you can apply to replace your sister as Deputy - and will be entitled to copies of the files to enable you to assess whether or not the Solicitor acted correctly.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33827
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

your advise was good and correct but there is no point in removing my sister as deputy because she has all ready spent all my mothers estate im not prepared to spend any more money i just want justice for my mother and my sister punished for robbing

my mother

Expert:  Clare replied 2 years ago.
Hi
That is one which the police will have to deal with HOWEVER remember you will learn more if you can access the files which you can only do as her deputy
Clare
Customer: replied 2 years ago.

do you think i should make a complaint to the police

Expert:  Clare replied 2 years ago.
Hi
Yes if the Court of Protection confirm the abuse of the process
Clare

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