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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9325
Experience:  I have been practising for 30 years.
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My brother has power of attorney,and he is not acting in my

Customer Question

my brother has power of attorney,and he is not acting in my mothers best interest, how can i challenge the position he holds.
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

What kind of things is brother doing not doing?

Customer: replied 1 year ago.
not allowing me access to me, he had a will drawn about 8 years ago, my Mother was diagnosed with alzheimer's in 2001, she has lost about 4 stone in weight since march, she was wearing size 16 clothes she is now a size 10 i have bought her a completely new wardrobe of clothes that fit, she is now in a home where they all sit in a common room, i want to take my mother to live with me, I had my Mother sister live with me for 10 years she also had dementia, I have a life long work life as a NHS auxiliary, he is not acting in my mothers best interest by depriving her of other siblings visiting and taking care of her.
Customer: replied 1 year ago.
what do i have to do to overturn the power of attorney, to be asked to leave the home today is so unacceptable, i have nothing but my Mothers best interest at heart and she is certainly not receiving the best care
Expert:  F E Smith replied 1 year ago.

Thank you. You can make a complaint to the Office of the Public Guardian and they will investigate the matter for you. If they agree that your brother is not acting in the best interest of your mother they can remove him. The government have produced a website with contact details

Before you do that, you might want to consider getting a letter written to your brother by a solicitor saying that unless he starts to look after your mother letter or agrees you can come to live with you, you will refer the matter to the Office of the Public Guardian with a view to getting him removed.

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Best wishes.


F E Smith and other Law Specialists are ready to help you
Customer: replied 1 year ago.
thank you for your advice.
best wishes
Ellen Baker.
Expert:  F E Smith replied 1 year ago.

I am glad to have helped. Best wishes