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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 14642
Experience:  30 years as a practising solicitor.
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Having major control issues with a sibling with POA. Finance

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Having major control issues with a sibling with POA. Finance is already being investigated at the mo. But welfare the local council say they are happy as sibling is looking after her. The problem is the sibling has changed locks in the house where mum stays and is making visiting almost impossible. She and her sister now has written text messages to relatives in Italy and also to ourselves that say awful untrue things. What can be done to stop the lies and also remove the control of the POA. This control has got worse since guardianship decided to investigate the investigation is still on going and has been with them now for over 3 months. We are hopefully the that finance POA maybe removed by them but need welfare sorted and the lies to stop
JA: What steps have been taken? Have any papers been filed in family court?
Customer: No unsure what type of lawyer to get. As txt statement that were sent to Italy said we are bad to our mum which is untrue.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does she live in?
Customer: We need something for deformation and something to help with welfare issues
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Mum lives in Scotland but is Italian decent. My sister we have recently found out has had control of finance since 2008 as our mum due to some lack of understanding money matters in detail. We did not know she was in control and have found money been moved and lots of money been spent. This is why I think guardian ship has decided to investigate. We have uncovered numerous lies. We have taken our mum to Italy ever year for 2-4 weeks plus. This year she went for 6 weeks and came home 10 years younger stated by everyone ( including her carers). Since coming back our sister has got more and more angry with us and now firstly put cameras at doors that alert her to who is coming and going. And now changed locks. Unfortunately the house was given to my sister after my dad died but I am not sure how it was worded about my mum staying there until she dies or what will said ?? Any advise or help would be great as need to able to see our mum without my sister being there and also be able to take her out etc. As well. Thanks

Thanks for your question. I am a solicitor in Scotland. This is a very difficult situation. Your mother has probably signed a welfare power of attorney giving the attorney power to decide with whom your mother can come into contact with and with whom she cannot and this does cause issues where there is a fall out between family members. There is limited scope for resolution. The OPG has no power here. The court might via an action of implement but as far as I am aware this has never been tested in court. You could contact the local authority social work department again about the refusal to allow visits or the Mental Welfare Commission but the options are limited as I say. If I was advising here I would as a solicitor send a letter to the attorney in the first instance and you may want to contact your own solicitor for that to be done. I hope that helps. Please leave a positive rating so that I am credited by JustAnswer for helping you today.

Customer: replied 12 days ago.
What about defamation can this be looked at in Scotland. My sister also said that she had full welfare control but have recently found out that incapacity was noted on,y in August this year when guardianship requested if our mum could investigate the financial abuse herself. She can not do. Is there hope is she is found guilty of finanacial abuse then she could be removed from welfare as well. Can we not approach court of protection via a lawyer. As an attorney of welfare she has to surely be doing this that her mother wants. An advocate was sent to her via social work and they found out that she wants to see and be visited by all her family
Customer: replied 12 days ago.
Can we get an independent assessment on our mum incapacity ? As we don’t believe she is totally incapable. Is she is deemed only slightly incapable Maybe welfare POA could be removed or changed in some way ? Thanks.

Defamation is not an issue here. That is a different legal remedy. Also the OPG has no power to remove a welfare attorney. There is no Court of Protection in Scotland. And if she is not incapable you would not be able to apply for guardianship which is what the equivalent procedure in Scotland would be. If your mother is capable she has the power to revoke the power of attorney herself.

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