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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11567
Experience:  30 years as a practising solicitor.
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My brother is power of attorney and I have asked him to let

Resolved Question:

my brother is power of attorney and I have asked him to let me have regular updates on mums finances my mother has agreed to this but he refuses to let me how do I stand
Submitted: 2 years ago.
Category: Scots Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

ok im prepared to wait another day for this information but if no joy by tomorrow I would like to cancel

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  clairep80 replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Does your mother still have mental capacity?
Has she told your brother to keep you updated?
Clare
Customer: replied 2 years ago.

yes my mother still has mental capacity and when I approached my mother about this she told me she would ask my brother to let me and my two sisters have this info but apparently afr she told my brother she got back on phone to me and said my brother refuses as he is her power of attorney and it has nothing to do with the rest of us my mum ot a bit confused so I have not approached her any more about this I thought I would contact you to see how we stood thankyou for your help I await to hear from you

Expert:  clairep80 replied 2 years ago.
Hi
Has the Power been Registered at the Court of Protection?
Clare
Customer: replied 2 years ago.

Iam afraid I don't know

Customer: replied 2 years ago.

sorry iam just updating you tolet you know my mum lives in Scotland I don't know if this will make any difference iam sorry I should have said before

Expert:  clairep80 replied 2 years ago.
Hi
Thank you for that - I shall opt out and transfer you to the correct section!
Clare
Expert:  JGM replied 2 years ago.
Thank you for your question.
I am a Scots lawyer and will help you with this.
Your brother has made a mistake as to what his powers actually are under a power of attorney. If your mother is still capable of managing her affairs personally then she is allowed to instruct your brother in the manner of dealing with her affairs.
If she says that you and your sisters are entitled to information then he has to provide this on her instruction. If he doesn't your mother can withdraw the power of attorney and appoint someone else.
Your brother has no authority to withhold information that is requested and authorised by your mother.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11567
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you