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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10539
Experience:  Barrister 17 years experience
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How can I stop my sister , who has joint bank accounts with

Customer Question

How can I stop my sister , who has joint bank accounts with my 90 year old Mother , from taking money out for her own needs . My mother is nearly blind and is very forgetful now .
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. The only way you can achieve your aim of preventing your sister from taking money from a joint account with your mother is to have your mother made subject to the Court of Protection and a deputy appointed to handle her affairs. You could be appointed as Deputy to handle her financial affairs. Here is a link to the Government website setting out how it operates https://www.gov.uk/become-deputy/overview. The application would be made on the basis that your mother no longer has legal capacity because she has become forgetful and cannot remember what she has done. So she is not able to handle her own affairs. The one thing I would be concerned about is if your sister has already obtained an enduring or lasting power of attorney over your mother's affairs. A Deputy is rarely appointed in such instances. However, even if your sister has a power of attorney, it is a fundamental rule of any power of attorney that the donee, or person holding the power of attorney, cannot profit from their position. So your sister would be prohibited by law, from using any of your mother's funds in the joint account for her own benefit if she has a power of attorney over your mother's affairs. Either way, whether by appointment of a deputy or by strict policing of any power of attorney, you can ensure your sister does not use your mother's funds in the joint account for her own benefit.