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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10089
Experience:  30 years as a practising solicitor.
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If my sister has power of attorney can she stop me from seeing

Customer Question

If my sister has power of attorney can she stop me from seeing or contacting my mother , if so ! how and why would this be done ? also would she need to prove I had done something that would upset or cause harm to my mother ?thanks
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.The standard powers in most welfare powers of attorney are as follows:" 1. To decide where my permanent place of residence should be 2. To decide what care and accommodation may be appropriate for me 3. To consent on my behalf to any medical treatment not specifically disallowed by the Act 4. To consent to any medical treatment or procedure or therapy of whatever nature my attorney may decide is for my benefit and provide access for that, or refuse such consent 5. To decide, alone or with others, on the level of care which I require 6. To take any legal action on my behalf involving my personal welfare 7. To make such decisions relating to my dress, diet and personal appearance as are appropriate 8. To make such decisions regarding my social and cultural activities 9. To exercise any rights of access I have in relation to personal data and records​10. To decide with whom I should or should not consort 11. To arrange for me to undertake work, education or training 12. To take me on holiday or authorise someone else to do so 13. My Attorney is to be reimbursed for any reasonable outlays or out of pocket expenses while acting on my behalf."If the power of attorney you refer to has a clause similar to number 10 then your sister could insist that you don't see your mother and could enforce this by way of an interdict in the court. However, that a court would want to be satisfied that your sister was acting in your mother's best interests in doing so therefore she would have to establish that contact would be detrimental to your mother.

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