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Solicitor4All
Solicitor4All, Solicitor
Category: Law
Satisfied Customers: 7551
Experience:  Director and Principal Solicitor. UK
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My mother's been placed in a care home. Who should have keys

Customer Question

My mother's been placed in a care home. Who should have keys to her properties
JA: Where is your mother? It matters because laws vary by location.
Customer: She is in uk
JA: What steps has your mother taken so far?
Customer: She has several properties, 1 in UK and 1 In Ireland
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Hello Are you there
Submitted: 17 days ago.
Category: Law
Solicitor4All
Expert:  Solicitor4All replied 17 days ago.

Hi, I’m Solicitor4All, a law Expert with over 15 years of experience practice. Thank you for the enquiry. It is my pleasure to assist your with this today.

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Customer: replied 17 days ago.
Hi
Expert:  Solicitor4All replied 17 days ago.

Is your mother in a position to make her own legal decisions?

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Customer: replied 17 days ago.
No she has dementia
Customer: replied 17 days ago.
No. She has dementia
Customer: replied 17 days ago.
Are you there
Customer: replied 17 days ago.
Hello, anyone here
Expert:  Solicitor4All replied 17 days ago.

You will have to apply foe Deputy-ship of your mother's assets.

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Expert:  Solicitor4All replied 17 days ago.

You should apply for deputyship at the court of protection to be able to make decisions that have implications on her  properties.

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Customer: replied 17 days ago.
2 of her children are power of attorney. What is deputy-ship
Expert:  Solicitor4All replied 17 days ago.

If there exists power of attorney then  both these people have the legal authority to act and make decisions on behalf of your Mother who has lost mental capacity.

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Customer: replied 17 days ago.
My mum had 7 children, 6 surviving. 2 currently hold power of attorney. She has 2 properties, 1 is in UK and other in Ireland. The remainder of us do not have a key to any of these properties. It is believed that she may have signed the Ireland one over to just 1 of her children, at the same time this child took power of attorney.
Expert:  Solicitor4All replied 17 days ago.

Deputy-ship would have been sort if she had not appointed POA's before her incapacitation.

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Customer: replied 17 days ago.
can those with POA retain access to my mothers homes. I'm aware one is being cleared to.pay foe her care here in the UK, the one in Ireland is a holiday home standing empty. I believe we should all have access to this and not controlled by POA. Is this possible. Also 2 of us were never Inormed about POA and heard much later on what had been done.
Expert:  Solicitor4All replied 17 days ago.
Unfortunately as it stands you cannot have a say to the properties. The individual with POA will make the decisions.

If all 6 six of you would agree to share the POA then you would have common interest but not individual autonomy to the property.

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Customer: replied 17 days ago.
If this POA had held my mother locked in her home, does that help. The only reason my mum is getting proper care is because I called police twice. She was locked in,living alone, watched NY cameras
Customer: replied 17 days ago.
Plus can a sibling without POA ask for information, I.e. wills, finances, etc to see them.
Expert:  Solicitor4All replied 17 days ago.

If this is the case then you can contest this POA as there is reason of deprivation of Liberty for the patient in this case your mother.

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Customer: replied 17 days ago.
She has now been put in a care home. It's already happened.
Customer: replied 17 days ago.
But when I ask anything I never get a complete answer. Medically my mum has health problems, but these are not explained correctly and I'm told she has a mass... when I ask what is a mass.... its not answered.
Customer: replied 17 days ago.
I receive sibling alienation. So does one of my brothers also.
Customer: replied 17 days ago.
Deprivation of liberty, I have evidence to prove this, I have concerns on the funding of this, her home in UK is mentioned to fund it, whereas, I'm unsure her other property is mentioned and believe at the time.or near of POA it has been gifted to just one of us who is POA.
Customer: replied 17 days ago.
She has 2 wills, one in UK and one in Ireland, I am not aware of the contents of the will, am I able to see this before her death or not.
Customer: replied 17 days ago.
Hi. am I waiting for a reply, are you still here. I have many questions
Customer: replied 17 days ago.
Hello are you still here.
Customer: replied 17 days ago.
Hi. Are you going to reply
Customer: replied 17 days ago.
Or do I have to ask again
Expert:  Solicitor4All replied 17 days ago.

Hi, thank you for your further messages ., Ultimately the person who has POA for your mum has the authority to deal with mum's affairs. If they are not doing their job right you have a right to apply for their removal and to apply for you to be the substitute to look after her affairs and finances. Deputyship would give you the right to look after her finances. As things stand without any authority either directly from mum before she had dementia or from the Court of Protection you really won't get anybody speaking to you, the care home will not have authority to give you any information.

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Expert:  Solicitor4All replied 17 days ago.

Any follow up please do not hesitate to send your message. Always glad to assist and to clarify anything. All the best.

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Customer: replied 17 days ago.
But I don't want to be POA.
Customer: replied 17 days ago.
I just want to male sure my mum is receiving the right care, which she is now and that was because I called the police twice, whi then called adult services, as she was being locked in. I want to find out about why my mother's Irish home is not being sold also to pay for her care. I believe that it is possible she may have gifted it under the 7 year rule. I believe this was done when or near the same time as her poa was done, which I believe then she lacked mental capacity. My other sibling who is poa was abroad when he spoke to a lady doing some teats on my mother and he told them he was here un the UK. During this time she fell and broke her hip and went down quite rapidly afterwards. I'm hoping the increase In body weight will be the start of proving she was underweight and mistreated due to their level.of care. Is there any way I can get more Info on this, I cannot understand how information cannot be requested, regarding her will, estates, insurances to all of us.
Customer: replied 17 days ago.
When I asked in past for carers registration of who is looking after my mum, I was not given the Information. When I asked for the name of the lady from adult social services again I was not given it. My mum uk home is being sold to proved for her care. But the other Irish one is not. Should this also be sold for her care, why would she have to pay bills at a home she will not be living in? There must be somehow this can be looked into legally as my hands are tied otherwise.
Expert:  Solicitor4All replied 17 days ago.

Thank you for your patience. The property in Ireland will be managed in terms of Irish laws regrettably because it is real property. I appreciate your frustration but if you do not wish to be  POA you honestly will not have anybody communicating on your mother's affairs. If mum has a Will the executors only get power to talk about what mum has.

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Customer: replied 17 days ago.
The POA are also executors, was all done st same time. She does have 2 wills. But nothing has been disclosed. Can a solicitor not handle her affairs at a Poa ?
Customer: replied 17 days ago.
As she is in a hone now, should it not be sold like the UK home. If not, then why are we refused being a key holder.
Customer: replied 17 days ago.
your aware I live some distance from my mother. So I'm not in weekly.
Expert:  Solicitor4All replied 17 days ago.

1. A solicitor would have to be appointed by the POA

2. Logic says it should be sold too but the 7 year rule may not be applicable to Ireland and whoever was given the property is now the rightful owner#

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Customer: replied 16 days ago.
When I signed up for solicitor it said location, uk, eur etc I out other, are you unaware of eire laws plus is there something in law I stumbled across re inheritance, which if you were born out of wedlock to other siblings, it had to be stated your entitlement.
Expert:  Solicitor4All replied 16 days ago.
Hi, Uk yes but if I cannot advise you on Irish law I cannot I am not going to ill- advise you simply because you need an answer. In law in Englan, Wales and n.Ireland being born out of wedlock is irrelevant,
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