LPA lives 10000 miles away

[LoveBug]

Hi, can anyone advise … the LPA of my dad - who is a sibling - lives 10,000 miles away in another country. I moved back to UK recently and I am seeing him 2 x a week and calling the care home every day.
I’m getting on top of what’s going on at the home with him and they don’t send any email updates about his health developments. The sibling is 8hrs behind uk time zone. Has a young family and does not visit since he went into care in March 2022.
Is there a case for changing the LPA? She has it all - finance and health - and excluded all family from the LPA process at the time.
It makes no sense she is the only person allowed to be in charge. If I try to do anything tho it will become a family drama.
But the biggest loser is my dad. Pls advise what my options are? 🙏🏼

 

[MaNaAk]

Hi, can anyone advise … the LPA of my dad - who is a sibling - lives 10,000 miles away in another country. I moved back to UK recently and I am seeing him 2 x a week and calling the care home every day.
I’m getting on top of what’s going on at the home with him and they don’t send any email updates about his health developments. The sibling is 8hrs behind uk time zone. Has a young family and does not visit since he went into care in March 2022.
Is there a case for changing the LPA? She has it all - finance and health - and excluded all family from the LPA process at the time.
It makes no sense she is the only person allowed to be in charge. If I try to do anything tho it will become a family drama.
But the biggest loser is my dad. Pls advise what my options are? 🙏🏼

Dear @Cpdunn,

Does your dad still have capacity? I'm not sure if you can change an POA but you could try and have a word with the care home manager and ask them to keep you informed as well. How about the POA? Also are you a replacement POA like my brothers were?

MaNaAk

 

[Violet Jane]

Your father chose this relative to be his attorney and it was he who - as you see it - excluded the rest of the family from any discussion about the LPA. Donors don’t have to tell anyone else that they have drawn up an LPA.

It’s difficult to remove an attorney. I think that you’d have to apply to the Court of Protection and allege misconduct or some sort of incapacity (eg the attorney is too ill to fulfill his/her duties).

I think that rather than seeking to have this relative removed as attorney it would be better to try to forge a constructive relationship with her so that you can raise any matters of concern and work together to resolve any issues with your father’s care.

 

[Bod]

Make, register or end a lasting power of attorney

How to make a lasting power of attorney (LPA): starting an application online, choosing an attorney, certifying a copy, changing an LPA.

www.gov.uk

This link has the information needed to see if your situation is covered.
When did your sister go abroad?
Before or after the POA was set up.

Bod

 

[try again]

I don't really think it matters where the poa lives .
As far as updates regarding your dad my mother's care home have a single contact for each resident and expect the contact to inform who they need to. It has been raised at meetings with relatives but for various reasons will not change. I just forward any emails to my sister or relay any visits or chats that I have. Distance really isn't a problem .

 

[Violet Jane]

Above, I talked about you or other family members removing the relative as attorney. Your father as donor could also remove the relative but he would have to have mental capacity to do this. Bod has given you a useful link.