POA- refusal to release documentation

[Phloxfairy]

My husband has Fronto temporal dementia diagnosed Jan 2012. He went to his solicitor 6 mths after diagnosis to do enduring POA in which he named me, his wife of 29yrs as his sole attorney. We have two girls, one who is just turned 14 and was 9 yrs when this all manifested. Due to lack of insight into condition , hb refused to believe how the condition would deteriorate. He was angry that I had given information to neurologist that aided diagnosis. Failed to acknowledge MRI scan which showed marked left temporal atrophy and frontal atrophy along with a full assessment which showed semantic dementia. As a result of this husband refused to go back to neurologist( who was a specialist in FTD )and also invoked patient confidentiality. Roll on 4yrs of declining capacity, no help or support, no one visiting to see how we were coping as a family.
I went to a solicitor who suggested sepeartion/ divorce as the only way to force capacity hearing since I have hit brick walls at every attempt to get CPN team to communicate with me. It had the desired effect. Hb solicitor had him assessed privately and indeed incapacity has now been determined. The problem is that my husbands solicitor is refusing to release the POA to me and I cant register without it.

Yes, this is being taken to Court of Protection ,...at a cost to me.
Has anyone ever had this happen? I think hb sister and brother are working with hb solicitor to prevent me being attorney. I am in N.Ireland so things seem to be a bit different here with the law. My own solicitor feels that hb solicitor is in breech of duty by not delivering document which is a legal document.

 

[Kevinl]

"Hb solicitor had him assessed privately and indeed incapacity has now been determined. The problem is that my husbands solicitor is refusing to release the POA to me and I cant register without it."
So what's the point in paying a solicitor to set up a LPA then when it's needed they won't release it to the person who needs it, sounds stupid to me on what basis is he refusing to release it?
As for your suspicion that her brother and sister are conspiring to stop you being the attorney, why? What would be their motivation to stop you acting on your husband's know wishes while he still had capacity (you don't have to answer this).
Personally I'd contact the Law Society (NI) (link below) and go to the "make a complaint" link, forcing you to go to the CoP will take time and as you say cost money I just can't understand the logic behind what his solicitor is saying.
K

http://www.lawsoc-ni.org/contact-us/

 

[Shedrech]

Hi Phloxfairy
I'm with Kevini - I just don't get this either

Your husband set up the EPA when he had capacity; despite all his other actions and 'denials' he did not revoke it while he had capacity; he now has been shown to lack capacity; so this is exactly the time to register the EPA and take on the role of Attorney that he proved he wanted you to do all those years ago

so what right has his solicitor (who surely is charged to act on your husband's wishes as set out in the EPA which he never revoked) to withhold it from the named Attorney?

If your solicitor believes your husband's solicitor is in breach of duty, surely he should report this? and tell the other solicitor that this is being done

Sorry - this isn't helping you - I really hope the Law Society and/or COP sort it all out - then maybe some compensation should be due ie solicitor pays any costs (NOT your husband from his funds)

Do let us know the outcome

 

[jan.s]

I can only agree with the others. Does the solicitor give any reason for not releasing it?

 

[marionq]

Register POA without delay

When we had POA arranged through a solicitor pre diagnosis he told us to register it straight away so that if and when it was needed it was up and running. Your predicament shows that this is good advice for others. Dont wait until there is no capacity - register the application as soon as it is complete.

 

[irismary]

Agree with others - this is the point of LPAs! We also were advised to register them straight away. Pleased we did as I now need to use the Financial one. I think your solicitor needs to act on this for you.

 

[HillyBilly]

I found this thread on a another site that might give you some ideas.
http://legalbeagles.info/forums/sho...ower-of-Attorney-and-we-don-t-know-what-to-do

 

[HillyBilly]

And practice notes from the Law Society:
http://www.lawsociety.org.uk/support-services/advice/practice-notes/lasting-powers-of-attorney/
There's probably something similar for NI.

 

[jenniferpa]

Can I just point out the original poster is in NI, which still uses EPAs. Although it is possible to use an EPA without registration unless there are restrictions within it, registration is required when the person is losing/has lost capacity. It's not the same as an LPA, which I would agree should probably be registered as soon as it is drawn up, and which cannot be used unless it is registered.

 

[nitram]

Further to jenniferpsa's post, registration requires notification to several people, similar to the old EPA in England, brothers and sisters would have to be notified on registration.
This makes the refusal to release the document so that it can be registered more confusing.

 

[Phloxfairy]

In reply to Kevinl...i suspect this is about money, & preventing me from having any control over anything! I have just had an e- mail confirming hbs soilcitors refusal to hand over EPA certifed document. He never gave me, the named attorney a copy 4yrs ago which i now have been told would be normal practice. I cannot register EPA without the original document. My soilictor has now filed an EpA3 form to CoP to register EPA, stating refusal of solicitor to release EPA and medical cert indicating incapacity. I have spoken to CoP and they say they cant make him hand it over. If that fails, and I hope that CoP will look unfavourably on solocitiors obstrctive actions, my solicitor will seek controllership. That will give me reduced powers to live in our own home!!

This is the most bizarre and horrendous thing ever. I have had the worst week in my life and feel miserably failed on all fronts.

 

[canary]

If your husband has FTD, then I would say this is almost certainly about control.
Im so sorry

 

[teetoe]

I feel so bad for you as I suspect my OH has FD as well, and this need to control makes life very difficult.

Is it possible to talk to his sister and brother, as hopefully they want the best for your family? They must see that it affects you all. He has probably made wild claims about you as mine does about me. It is natural to take the part of their brother but they must see that you are doing your best for him and need to be in a position to make decisions. Otherwise if you walk away it will be their responsibility not yours, and will they want that? That thought alone may scare them into talking sense into him. Wishing you all strength, you have fought a hard battle and certainly are not a failure. Would love to hear further how you go.

 

[Phloxfairy]

Court hearing update

The Master had a very good understanding of FTD and the medical report confirmed mental incapacity, not just financial. Also has had incapacity for a long time...and i am still waiting for mental health team to come tell me!!

Our eldest daughter has been awarded interim controllership
Soliciotrs have been instructed to write to medical teams to start communicating with me and to give help and support to us as a gamily and to younger daughter.
This gives me time to decide what i need to do for the future- seperation to provide normal life for younger daughter and i have to continue work for next 12 years.
(POA would be a conflict to separation)

Meanwhile SIL, stated ( despite all medical evidence) that nothing wrong with her brother but she would file for controllership!!!

I need time to rest and see how i feel after 4 long years battling. I am glad the Master saw this for what it is ...a devastating illness.

 

[HillyBilly]

So glad to read your update and to hear that common sense is at last being employed. It must be a relief for you, albeit a small one, with everything else you have to cope with.

 

[Shedrech]

Hi Phloxfairy
So pleased to read that the Master was well informed and understood the situation - what a relief
It's sad that SIL cannot understand - but that's for her to deal with

Now, take your time and rest

best wishes to you and your daughters