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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 18744
Experience:  I have been practising for 30 years.
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My sister has been awarded POA..without consulting myself

Customer Question

My sister has been awarded POA..without consulting myself and is also claiming to be awarded with EPA? I am the older daughter and live with my Mum now to be full time carer as I would not have her in a rest home.I am unable to have a job due to this
JA: What steps have you taken? Have you filed any papers in family court?
Customer: NO
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: My sister has my mother's will..which I have seen and refuses to show it to me or produce a copy..
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
My sister also has my mothers will and refuses to show it to me..or send a copy..is this legal?
Expert:  Virtual-mod replied 1 year 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!
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Expert:  F E Smith replied 1 year ago.

Your sister either has a Enduring Power of Attorney (pre-2007) which only needs to be registered when the person loses capacity or a Lasting Power of Attorney which needs to be registered from the outset.

Your sister does not have to consult you with an application for an LPA in the same way that she would have had to do if she was registering an EPA. In my opinion the current registration procedure is flawed, for exactly that reason.

The fact that you may be older is irrelevant.

Your sister has no right to do anything with the will unless she has Power of Attorney over finance. Otherwise, neither of you actually have any right to see the will.

Can I clarify anything else for you?

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

Please take a moment to look at the top right-hand corner of the page and rate my service by clicking one of the stars at the top of the screen.

You may need to login again to use the rating service. Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

It's important that you use the rating service because that gives me credit.

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All you need to do is press Submit.

Thank you.

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

Best wishes.

FES