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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 816
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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My brother and I have joint POA for my mother. We have an

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My brother and I have joint POA for my mother. We have an elder sister who was estranged from my mum for 5 years and has only now begun to come to visit my mum since she was diagnosed with cancer. My brother and I have had full responsibility for all aspects of our mothers are and provide extensive hands on care and deal with everything on Mums behalf as she also has Alzehimers. our sister visits sporadically and has refused all our efforts to become involved in looking after Mum. Recently she has reported us to OPG stating that we are not providing adequate care for Mum and there is a full investigation. My immediate concern is that despite not having anything to do with mums care, she has now begun to demand information from Mums GP/hospice and district nursing team. As attorneys, do we have the right to stop this information being given to her. We have been providing her with updates but she now wants to interfere with the arrangements we have set up with these care agencies. We have asked the GP not to give out any information but they say as Mums daughter she has a right to have information - can you advise me please.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No. we have the Power of Attorney for Health & Welfare and also Finace - is this what you mean
JA: Have you talked to a lawyer about this yet?
Customer: NO
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hello my name is Cos and I can help with this matter.

Customer: replied 12 days ago.
Can you advise me please

The doctors are correct that she has an entitlement to the information. However, she does not have any power to make any decision whether it be in relation to welfare or financial. If you feel that her interference is malicious or is causing a detriment then you could potentially take legal action to prevent her from doing any of this. However, if she is simply "frustrating" the situation then there is no legal recourse. Additionally, in relation to the OPG investigation, as long as you are correctly fulfilling your fiduciary duties and also making decisions in relation to your mother's welfare then there is not likely to be any issues. The OPG has to investigate where any allegations have been made regardless of the strength of the evidence.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

 

https://solicitors.lawsociety.org.uk/

 

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Kind regards

 

Ross

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