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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 15718
Experience:  I have been practising for 30 years.
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My sister and brother have power of attorney over my

Customer Question

My sister and brother have power of attorney over my mother's affairs bit I don't think she is doing it fairly. She gave out money as a gift after the sale of my mother's house ,as she is in s nursing home . I got less than them and my other sister . Can she do thst
JA: Can you tell me where this is? And just to clarify, what paperwork has been filed?
Customer: This is in Southport England. No paperwork has been filed as I can't access any
JA: What documents or supporting evidence do you have?
Customer: I have no documents. My sister has all those
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I just want to know if anything can be done to check my sister's goings on
Submitted: 16 days ago.
Category: Law
Expert:  F E Smith replied 16 days ago.

Good morning. I will assist with your question - be aware this is an email not chat service.

do you know what your mother promised you and your other siblings?

do you know what the property sold for?

and where is the money coming from to pay her care?

Customer: replied 16 days ago.
I don't know what my Mother promised. The property sold for 360,000 pounds. The money from the house is paying for the home at 40k a year
Expert:  F E Smith replied 16 days ago.

The short answer the question is no she can’t. She cannot make any gifts that your mother would not have been in the habit of making.

She can only use your mother’s money to benefit your mother unless she has consent of the court of protection and she is under a duty to account for every penny.

So whilst you may have got less than your other sister, none of you should have had anything.

It is largely irrelevant what your mother promised and whether the attorneys were carrying out your mother’s wishes unless your mother knew exactly what she was doing and your mother instructed them to do that.

What can be done? You can report the whole matter to the Court of Protection with a view to having her removed.

I don’t know what your mother’s life expectancy is but if she lives a long time and the care fees gobble up all the money in the house, (apart from the GBP23,000 disregard) then the local authority would look to the recipients of the gifts to repay the money.

This is a matter for the Court of protection to remove her.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES