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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11554
Experience:  30 years as a practising solicitor.
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I hold a joint Power of Attorney regarding both my wife's health

Resolved Question:

I hold a joint Power of Attorney regarding both my wife's health & welfare and also her financial & property affairs. An operation has recently been carried on her, with the consent form being signed by the other attorney and without any prior notification to me as her next of kin by either the care home she is in, the hospital involved (despite having previously been advised by me that a joint LPA was in place regarding my wife's heath & welfare) nor the social worker involved in my wife's care. What should I be doing here besides advising the OPG of what is going on? The other attorney is my step-daughter.
The operation, although serious, was not for a life-threatening condition
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Were you appointed as joint attorneys or joint and several attorneys? You will have to read the power of attorney document to find this out.
If you are joint attorneys you have to act together. If you were appointed on a joint and several basis, either can act on their own without reference to the other. In both cases the attorneys have to act in the best interests of the person concerned. The mere fact that a consent form was signed by one attorney and not the other is unlikely to be of interest to the OPG unless the best interests rule was breached.
I hope this helps.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Definitely joint. Other breaches of the LPA guidelines have occurred, such as removal of my wife's jewellery for "safekeeping" (undisclosed for 18 months) , closure of two my wife's savings accounts with transfer of control to herself, one prior to the commencement of the LPA and one without benefit of the LPA, all of this after my wife was diagnosed with dementia. It will be obvious from what I have told you that the chances of correctly operating the LPA are pretty remote

Expert:  JGM replied 2 years ago.
Thank you. The OPG will be able to guide you on this. If there is any issue then you do have the option of going to the court to get an injunction but this is expensive and the OPG should be able to assist you.
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