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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9339
Experience:  I have been practising for 30 years.
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My mother is in the final weeks of her life & my two

Resolved Question:

My mother is in the final weeks of her life & my two siblings have text me stating they will have me thrown out of the hospital. I hold the power of attorney for my mum due to past physical violence by my sister reported to the police.
My daughter who is 17 years old & impartial was backed into a corner by my sister in law at the hospital causing her distress. She encountered verbal hostility & was visibly distressed after having little time alone with her grandma at hospital.
My brother in law has gotten my mum to sign blank cheques, multiple, mum reported this to a nurse.
They have also changed the locks to my mums property blocking me access, although I don't need to be there.
I have stayed away due to the fear of reprisals. Please could you advise?
Submitted: 11 months ago.
Category: Law
Expert:  F E Smith replied 11 months ago.

Do you have power of attorney in respect of health and welfare or just finances?

How many texts do you have?

Has your mother written a will if so, who are the executors?

Why are your siblings saying that they will have you thrown out of the hospital ?

Background detail would really help please. Thanks.

Customer: replied 11 months ago.
This started when I expressed annoyance at my sister, who was visiting my mother & her puppy had urinated & pooed in my mums house. My text was not offence, it was short & said I had let the dog out had made her safe again in the locked kitchen.
I have 3 texts, all aggressive from my brother.
My sister has previously violently attacked me & a police report is filed. I didn't prosecute at the time as my mum begged me not too.
My mum has a will & it states that her wishes are for this to be divided equally to all 3 of us.
She had the power of attorney completed 2 years ago as I was the only one who acted in a moral way by looking after mum when poorly & been with her every weekend, shopping, cooking , washing, ironing to the extent of even showering her & dressing her when she was unable to. My brother & sister were rarely about. This all after the death of my father they caused problems then pretty much the same as now. The didn't talk to mum, myself & daughter for 2 years. Until mum came into a large inheritance from my Uncle.
They have tried to discredit me to my mum since then hence the lasting power of attorney for property & finance only! Her solicitors are aware of past & present problems they have caused via mum.
My brother & I are the only executors.
They say I am provoking an argument. Not sure why as I asked not to be bullied or verbally abused any further. I haven't seen them or spoken or answered any text.
I have a file that contains my mums affairs as it contains the POA & documents that I was going to speak to mums solicitor about tomorrow, my brother said on Friday he was going to call the police regarding this, they haven't been as far as I'm aware.
I have stayed away as I do not want my mum upset & I know they can't stop me going but the fear of violence is too great.
Since the attack by my sister I had further problems with my jaw & teeth to the extent she brought on the further loss of teeth & has cost me so far £17,000.00.
I'm at a loss as to their actions & the fear they have now instigated towards my daughter & the excessive use of insuring violence towards her verbally & physically. She was made to feel intimidated by all 4 of them.
This has to stop.
Customer: replied 11 months ago.
The passage should state insighting violence not insuring, sorry.
Expert:  F E Smith replied 11 months ago.

Thank you. They can no more exclude you from the hospital then you can exclude them. It would be different if you had power of attorney with regard to health and welfare, then you could exclude them but as it is, you can’t. Nor can they.

With regard to the texts, particularly in the light of the previous incident, this is harassment it is a police matter. If you don’t want to go to the police because your mother doesn’t want you to, then I’m afraid you have no option but to put up with whatever your sister brother throws at you.

You could seek a civil injunction to prevent her or him texting you or speaking to you and if you got that injunction and they did approach or even text you, they are in breach of the order and liable to be arrested.

Based upon the texts wording and the previous conduct, you have enough background circumstance to apply to court for court order to keep them away from you.

Can I clarify anything for you?

Please rate the service positive. It doesn’t cost you anything but helps me greatly.

We can still exchange emails. Best wishes. FES.

Customer: replied 11 months ago.
Thank you for the information.
Mum flits in & out if normal thinking & that's the reason I was only going to register the POA. Not to use at this time unless necessary as per my mums solicitors instruction.
I would however now like to take proceedings against them regarding my daughter & I, the harassment causing distress, fear & anxiety.
Can I still prosecute my sister or is there a time limit? What can I do?
Expert:  F E Smith replied 11 months ago.

Unfortunately, if this was last year, and you made the complaint at the time but nothing happened with it, you are now out of time. It would not be you that what the prosecution, you just make the complaint. The CPS bring the prosecution.

You would need to tell them first if the conduct continues, you would make the application to court and asked the court not only for the order but an order for costs. Unless you have experience of doing such applications, you might want to get a solicitor to do it. You can ask the court toward the costs of the solicitor against the culprits.

Customer: replied 11 months ago.
Sorry I forgot to also state. My mother reported to the hospital that my brother in law got my mum to sign multiple blank cheques without advising her what they were for & as she only had one care invoice to pay. The hospital have put this in the hands of a team. Mum can't remember at times & then they convince her about her actions.
They also got my mum to phone my daughter, whilst my daughter was at my friends home, whom heard the conversation from my brother in laws phone that I was mentally ill & needed to be sectioned? This is slandering my character?
I know I seem petty but this is 6 years of hell.
All I need is to see my mum in peace.
When it comes down to it when she had little on offer they were no where to be seen?Refards
Expert:  F E Smith replied 11 months ago.

If your brother is getting your mother to give him money under some kind of duress or pressure, then it’s potentially abusive a vulnerable adult and should be reported to social services. There is also no harm in going to the police if you think that he is taking money which he is not entitled to.

If anyone tells a third-party that you are mentally ill and should be sectioned, it is defamation and you can get an injunction to prevent further incidences which could be done at the same time as the application to stop them speaking to you.

There is a time limit for defamation matters, from when the deformation occurred and that is12 months.

Please don’t forget to rate positive.

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