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anita oliver

Registered User
Feb 19, 2008
fife scotland
My father has alzhimers for 5 years, my mother and I were his carer's but mum passed away september 07 and dad went into a care home for a few weeks but my step-brother has returned from working abroad after 37 years and before mum passed he took dad to a lawyer and made him take out a power of attorney, which he should not have done as dad has no capacity, but he got the power of attorney and my dads life and my own have been a living nightmare.He has had dad's own consultant to asses dad but the consultant still agrees with the fist doctor that dad has no capacity. My brother was not happy with this and contacted a private doctor to over rule 5 years of work with the doctors that know my father well.My dad hardly knows who his son is.
My parents had mirrored wills and he has also been able to change dad's,I cannot understand how anyone can get away with this esspesially something so illegal?My dad now suffers in a nursing home that he hates and the lack of care, is just totally amazes me how this can happen.I am trying to have the powers of my brother revoked,but feel like I am banging my head of a brick wall.Every one knows this to be wrong but are to affraid to say anything because of the confidential law and their possitions at their work place, while my dad suffer's and get's weaker every day.I have been told to get on with my life but find this impossible I have lost one parent and do not want to lose dad to.


Registered User
Jul 31, 2007
Dear Anita,
Firstly welcome to Talking Point.
Your post is really makes depressing reading.
Other people will come on line and give help and advice.
Best wishes


Registered User
Feb 17, 2006
Hi welcome to TP

My dad now suffers in a nursing home that he hates and the lack of care

Has your father got a social worker ? Or is your father self funded so has never had one ?

wondering if they could be of any help

Grannie G

Volunteer Moderator
Apr 3, 2006
he took dad to a lawyer and made him take out a power of attorney, which he should not have done as dad has no capacity, .
When my husband and I took out our POA`s, the solicitor had to establish that my husband knew what he was signing. He read it out very carefully to my husband and asked at each stage if he understood and agreed.

It`s hard to believe any solicitor would do otherwise, but if you could get your father`s doctor to verify that he was unfit to sign on the date in question, there might be a chance the POA would be declared void.

Kate P

Registered User
Jul 6, 2007
Hello Anita and welcome to TP,

I find your post utterly astonishing. I shouldn't as you'll find these things going on all the time as you spend more time on here but I'm still shocked by it every time.

Of course you can't just "get on with your life". How could you when you know something so unjust is happening.

It doesn't surprise me that the solicitor has let your dad sign his POA. To be honest I doubt my mother understood it when she signed hers but as it was only going to dad it really didn't matter to us.

I think Sylvia is right. The first thing to do is to contact the Public Guardianship Office, explain your concerns and ask them what they need from you to take action on this. As Sylvia says I expect it would need to be a letter from your dad's consultant/GP stating that he could have had no understanding of what he was signing.

I assume that this would also then invalidate his will but I have no idea how you go about contesting a will when the person in question is still alive. On that subject do you know what he has had it changed to? Was the will changed before or after your brother registered the POA?

I suppose before you do any of this you also need to think about what you want to do - do you intend to claim POA for your dad yourself? If the POA is declared invalid you would have to go through "receivership" I think it's called which is timely and expensive.

Is there no way to find a middle ground - is your brother prepared to listen to your concerns about dad's welfare?

I'm sorry you're having such a difficult time and that it is being made worse by your brothers actions. I hope you manage to find an answer but please remember you can always use TP for any support you might need.


Registered User
Aug 9, 2007
HI Anita

What a time you are having. I do hope that you can get some support. Others will probably have a far better idea of what can happen as I am only aware of some of the facets of Scottish Law.

I think thought that Kate is right in that you have to think very carefully about the situation. Hopefully someone or one of the legal helplines can help you further.

Unfortunately these circumstances seem to happen all too often infamilies at this stage. I think it is a mixture of emotions and grief that causes normally rational people to go sdrift at these the fact that some probably would have been awkward anyway.

Sending you massive hugs



Registered User
Jun 27, 2006
Umm I'm assuming the poster's father is in Scotland, as she is. As such there will be a different method of contesting this POA. If you haven't already done so I would suggest getting in touch with who may be able to help you.

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