How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35056
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Type Your Family Law Question Here...
Clare is online now

My brother and I are joint Attorneys for my mothers Lasting

This answer was rated:

My brother and I are joint Attorneys for my mother's Lasting Power of Attorney. What is the situation, what recourse should be taken, should we disagree about a particular course of action to be taken on my mother's behalf. How would it be resolved?
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Have you been appointed to act "jointly and severally"?
Does your mother still have mental capacity?
Customer: replied 3 years ago.

Yes jointly and severally. My mother has dementia but is still able to make her own wishes very clear. She is still making lots of her own decisions, but think the time is not very far off, maybe months, when we will have to assume responsibility for her best interests. From conversations with my brother it is clear that he would like to 'take over' her financial affairs now, but I am maintaining that she still knows what she wants to do as far as her Bank Accounts are concerned. She wishes to stay with her Bank of 60 years where her house sale proceeds are kept even if she could get a better rate of interest elsewhere. My brother wants to persuade her to put the monies elsewhere, which is causing her stress. I can see that he has her 'best interest' at heart, literally, but I maintain that it is her wish to stay where she is as she has even written this down. We have not yet enforced the Lasting Power of Attorney as not been necessary yet.


You each have the power to act independently if necessary.
If there is a dispute between you that cannot be resolved then an application can be made to the Court Of Protection to resolve the issue - although this would be a costly option
Please ask if you need further details
Clare and other Family Law Specialists are ready to help you