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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12192
Experience:  30 years as a practising solicitor.
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My brother had power of attorney for my mum. He chose not to

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My brother had power of attorney for my mum. He chose not to include me in this. He stayed rent free in my mums house when she went into a care home, Investigated by public guardian in 2009 for not paying care bills. Having continued to stay in mums house he sold it in 2010 without telling other family members. It has now been exposed (as a result of a review of mums care needs by Social Work dept that all mums money is gone, including the disregard amount ( he never enacted the right to this) and she is completely penniless. ( There is also £7k owed for care bills) The OPG have been informed and we are awaiting the outcome. I was apparently named as substitute attorney, although I wasn't aware of this. OPG have asked if I would like to take over as brother has told them he wishes to resign his power. Can I also take action against him on behalf of my mum. Mums will was also changed in 2008 in favour of my brother alone ( I believe under duress). Can this also be challenged, although there is not a penny, it is the principle for me. If mum were to die soon there is not even money for a funeral. can you advise me please if I can take any action on top of what the Social Work dept are already doing. Any advise gratefully recieved, this is causing great to our family Thank you
Thank you for your question.

Yes, as substitute attorney you can sue your brother on behalf of your mother. I would also report him to the police for theft as this is more than just a civil matter.

You can't challenge the will until after your mother dies then you can take court action for reduction of the will. I presume your mother is not able to revoke the will.

I hope this helps. Please leave a positive response so that I am credited for my time.
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