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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34279
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Good Evening, I am one of 10 children and the eldest one advised

Resolved Question:

Good Evening, I am one of 10 children and the eldest one advised me yesterday that she was going to apply for power of attorney for my mother who is unwell - and in my opinion not in a frame of mind to sign any legal documents. My sister said she did not want me involved with her and that she was going to involve her son - my father passed away in 2011 and since then mum has gone down hill. My sister tells me she is not even going to tell the rest of the siblings that she is applying for this Power of attorney, is there anything I can do to protect my mother and her property and my siblings? when she applies for the Power of attorney would the siblings be given the opportunity to object to the decisions my sister will be taking - I feel she wants to sell my mums house and leave with the proceeds, My mothers property is probably worth in the region of over £1m, hence my concerns. Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What contact do you and your siblings have with your mother?
Clare
Customer: replied 2 years ago.

Good Morning Clare

thank you for getting back to me, we all have contact with mum and I am with her every weekend and have been since my dad passed away in 2011. I am currently controlling her bills but do not have access to her pension which my sister collects on her behalf weekly.

Expert:  Clare replied 2 years ago.
Hi
have you discussed the issue of your mother's Mental Capacity with her doctor?
Clare
Customer: replied 2 years ago.

Hi Clare please accept my apologies for the delay in response, My sister has recently made an appointment to see mums doctor

Expert:  Clare replied 2 years ago.
Hi
If your mother does not have full mental capacity then she will not be able to sign a Power of aAttorney at all.
If she does then you and your siblings will have to be notified of your sister's appointment - and you can contact the Court of Protection if you object to the appointment
The obvious solution would be for you and your sister to hold the power jointly - and I would suggest that you arrange an appointment to see the Doctor with your mother as well so see if this would be viable given her mental health
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

thank you for your response, just one more thought, when my sister applies would the rest of the siblings be notified? Best Regards

Expert:  Clare replied 2 years ago.
Hi
Yes you would be.
On that basis an urgent meeting could be wise
Clare
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