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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10180
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My brother and half-sister have taken power of attorney (don't

Customer Question

My brother and half-sister have taken power of attorney (don't know what kind) on behalf of my aunt. She is 92 and has recently entered a care home. I have another sister and the fifth heir is the son of my aunt's late partner. What I wish to know is whether my brother and half-sister are obliged to consult the rest of us when taking decisions. Could they in theory act to disinherit any one (or more) of their fellow heirs? My aunt has a recent will in which her estate is divided equally five ways.
I hope this is enough detail for you to work on. Thank you for any help/reassurance you can give me.
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
There are 1 of 2 different types of Powers of Attorney which may have been granted to them- both are called Lasting Powers of Attorney (LPA) and one is to enable a party to look after the Donor's (your Aunt) financial affairs (called a Property and affairs LPA) and the other is a health and welfare LPA which allows the attorney to make decisions on the Donor's behalf about their health and welfare.
Therefore, if they do have a Property and affairs LPA, this is the LPA that is relevant to your question.
Please be rest assured that under such an LPA, the Attorneys are only legally entitled to look after your Aunt's financial affairs- ie pay the Bills from her account, receive any pension account into her account. It does NOT entitle them to spend your Aunt's money for their own purposes, and they need to keep accounts of all monies that are spent on behalf of your Aunt (ie any Nursing home fees).
Your Aunt's money will need to be kept in her own Bank account (your Brother and half sister will register their names on the account as Attorneys).
An Attorney also does NOT have the legal power to alter or amend the Donor's Will. Therefore, only your Aunt herself can change her Will, if indeed she ever wanted to and if she was still mentally capable of doing so.
I hope this assists and gives you peace of mind.
Kind Regards
Al
Expert:  Aston Lawyer replied 1 year ago.
Hi,
Can I assist you any further?
Kind Regards
Al

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