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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70519
Experience:  Over 5 years in practice
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I have power of attorney to look after my mentally ill sisters

Resolved Question:

I have power of attorney to look after my mentally ill sisters affairs. She is at a level where she can sign legal documents. I have had this POA for about 15 years and not had to use it but recently tried to at her bank and they said it had to be registered. So I am in the process of doing that and have had to inform 5 of my sisters relatives. Her daughter has recieved notification and as I knew she is contesting it. Is it possible for her daughter to turn up at my sisters care home and get her to sign something which would nullify my power of attorney without my knowledge?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is there any reason you think that could happen?
Customer: replied 2 years ago.

Yes very much so. I have always had this POA but never used it as my mum had my sisters bank cards ect. each time my sister jane went into hospital and she handled things. My mum past away in december but a couple weeks before she gave emma janes daughter janes bank card to get jane cigerettes , toothpaste, ect. all little things jane needs in hospital. there was £6000 savings in the account . Emma has spent it all and now I know she wants to get her hands on janes property as well.

The staff at the care home have today phoned me to tell me emma phoned to say she would be in tomorrow but not to tell me or her brother micheal.

I want to use my sisters money to enhance what little life she has emma wants to spend it on botox and handbags. I need to do what ever I can to stop this.

Simon

Expert:  Jo C. replied 2 years ago.
Your sister can object to the application before it's made to register the Power (which I assume is a Enduring Power of attorney in view of the time that you have had it) and it would be up to the court to decide whether her objection has merit or not.
The fact that you have been handling the affairs for so long certainly gives credibility to the application.
Once you have the power, your sister's daughter cannot do anything to override that without making an application to court. In effect once you have the power, you are acting as though you are your sister.

If necessary and you think that your sister's daughter is causing trouble, you can make an application to court for an injunction to make her cease and desist.

Can I clarify anything for you?
Customer: replied 2 years ago.

Are you telling me that Emma could get Jane to sign a form objecting to the application?

And if so would I automatically be informed of that objection?

Simon

Expert:  Jo C. replied 2 years ago.
If Emma (the wayward daughter) has spent her mother Jane's money and has done so without Jane's authority or without power of attorney, that is theft and it's a police matter.

Reporting that to the police or at least threatening to may make her think twice before doing anything untoward in the future.

Jane would obviously only be able to object to the application if she was a full mental capacity and in that case, I can't see why she would do that unless she was unduly influenced by her daughter.

If you make the application to register the Power you do get informed of any objections.
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