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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33318
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a power of attorney cop5 form, my brother has applied

Resolved Question:

i have a power of attorney cop5 form, my brother has applied to be power of attorney over my mum for financial and property affairs however i wish to contest it to have conditions of the following:
1. that a second person such as my sister is named on the power of attorney document
2. that nobody will continue to refuse my basic human rights to receive updates on my mothers condition
how do i do this?
Submitted: 1 month ago.
Category: Law
Expert:  Clare replied 1 month ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

is he applying to Register a Power of Attorney or applying to be appointed as her Deputy?

Customer: replied 1 month ago.
Hi thanks for your reply he has made an application to be appointed as deputy for property and financial affairs of my mother
Customer: replied 1 month ago.
I dont have the trust for him to soley manage them, my sister has given up her job and home to move in with my mum and i dont want her to get left to hang dry, my brother is very selfish and i fear he will leave my sister with nothing. My mum has dementia
Expert:  Clare replied 1 month ago.

Have you spoken to your sister about this?

Customer: replied 1 month ago.
she agrees in regards ***** ***** trust thing she also agrees that i should be entitled not to be left out the loop, however we have said that if adding her name to the document to have a say is to much hassle (as in causes to many problems from other family members who are bullys) then i will put my name forword to be second power of attorney instead
Customer: replied 1 month ago.
Sorry she also said that she wishes to be added providing there is no furthure familly dispute
Expert:  Clare replied 1 month ago.

What is your actual fear about what your brother might do?

Customer: replied 1 month ago.
Im concerned that he wont provide any resources that require financial need to help towords my mums care, im concerned he will sell the house and leave my sister who has given up everything with nothing, im concirned that his inability to include or inform anybody will make things harder for my sister including myself
Expert:  Clare replied 1 month ago.

Is there any back history which shows that he is not to be trusted financially?

Customer: replied 1 month ago.
No, not that im aware he has a good job with a good income running his own web hosting company
Customer: replied 1 month ago.
He cant be trusted in respect of spiteful and unhelpful scenarios hes very bitter, jealous and a control freak, he will purposely be unhelpfull just to get some kind of kick out of it or revenge if he sees fit. For example he didnt tell us he applied for power of attorney
Customer: replied 1 month ago.
He will take thease spitefull and unhelpfull actions even if it means it disadvantages my mums best interests. For example he would not comunicate with my father to allow me to speak to my mum becouse in his words its not my problem, its within her best intrest to see her children and to allow her children to help despite what issues the father has with any of them
Customer: replied 1 month ago.
My brother has said that my sister cant be named as there is a conflict of interest
Expert:  Clare replied 1 month ago.

This is not about appointing a Power of Attorney - it is about your brother being appointed as a Deputy.

As such he is accountable to the Court of protection and can only manake matters in away that serves the interests of your mother

If he does not do so then you or your sister can contact the Court of Protection at any time and they can intervene and remove him as a Deputy

There is no reason why your sister should not be a joint Deputy - there is no "conflict of interest" - but I can understand that you do not want her to be bullied.

I would suggest that you write to the solicitor saying that unless either you or your sister is added to the application then you will object on the basis of family concern and the family history of failure to notify you of matters.

If they will not agree then you can write to the Court Of Protection setting out your objections - at which point the CoP may well appoint an independent Deputy

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 month ago.
Would it be a problem if my sister has had a past of financial issues and debt?
Expert:  Clare replied 1 month ago.

It could be if it involved County Court Judgements against her

Customer: replied 1 month ago.
I sent what you reccomended to my brothers solicitor and my brother rang my sister saying that she needs to either pick me and him which is really unfair, im realy concirned to his intentions to this application
Customer: replied 1 month ago.
Sorry pick me (andrew) or him (chris) basicly pick a side is this not blackmail?
Expert:  Clare replied 1 month ago.

It is playground behaviour.

Customer: replied 1 month ago.
Hi, its looking unlikely that my brother chris is willing to come to a amicable solution to my proposed amendments or conditions to the application. What parts of the form do i need to fill out to contest the application? The form asks for evidence to my claim, can i use the recent text messages as evidence? I will send you a copy to see if its a worthwhile case of evidence before contesting as chris says i will be liable to the legal costs
Customer: replied 1 month ago.
Willing was meant to say unwilling
Customer: replied 1 month ago.
Sorry ignore last message im very tired been up all night working last night. Im trying to say chris wont come to a amicable solution with me
Customer: replied 1 month ago.
please find attached word document of a copy of our conversation for evidence to produce. im the younger brother by the way. would this conversation prove my case?
Expert:  Clare replied 1 month ago.

I am sorry but those texts will not help in any way whatsoever - they show no reason why your brother should not be appointed as Deputy for your mother.

As a Deputy he would have to complete financial forms for the Court of Protection each year and account for the monies that he has dealt with.

The COP5 allows you to indicate your intention to object, and the grounds for doing so.

There will then be a hearing so that the Court Of Protection can make the decision as to whether he should be appointed or not.

Do not use these texts they will do more harm than good

Clare, Solicitor
Category: Law
Satisfied Customers: 33318
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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