Poa

nellbelles

Volunteer Host
Nov 6, 2008
9,842
0
leicester
Jazz

I am not quite sure what you are asking?

I have LPA for my husband to help deal with the banks etc, I have not told his family but the LPA in no way would prevent them from contact with him.

Have you some issues with your sister that would limit contact with your Mum?

Helen
 

FifiMo

Registered User
Feb 10, 2010
4,703
0
Wiltshire
Hiya Jazz,

Sorry to hear about the situation with regards to your mum. A Power of Attorney is something which is "granted" by one person to another. In your case your mum has given your sister the right to act on her behalf. This is within her gift to do and there isn't much that you can do about it. It would appear that your mum, when filling out the POA forms, did not name you as someone who should be notified when the POA is registered with the office of the public guardian. If you had been named then they would have had an obligation to notify you at the time of registration and you would have had a period of 5 weeks to respond should you object. So, that is the formal side of things.

With regards to not being able to see your mum, you would have to give us some more information about what is happening to cause your sister to take this stance. If you consider that your sister is acting against your mum's wishes or is abusing the powers of attorney that have been given to her then you could perhaps speak to the office of the public guardian about this. Without knowing specifically what the power of attorney documents say, it is difficult to give specific advice. For example, you could check to see when the power of attorney was to come into force. Some people say that the power of attorney only comes into play if they lose the capacity to act in their own self interests. Does your mum still have capacity do you know? Did she have capacity at the time the power of attorney was drawn up? What powers have been given to your sister? Financial powers? Financial and Welfare powers?

You don't have to give out more information on here than your are comfortable with sharing with other people. If you do, then someone might be able to give you more practical advice once they understand your situation.

Fiona
 

Necion

Registered User
Sep 26, 2010
1,363
0
Aberdeenshire,Scotland
Hi Jazz, seems rather drastic not to allow you to see your mother....without prying into your circumstances - does she have a valid reason which she can prove and which would be detrimental to your mother if you were to visit?

Bear in mind, I'm in Scotland and our PoA documents are slightly different, but the 'health & welfare' section of my hb John's does state that I, as attorney, can decide who he associates with, where he lives, what he wears etc etc. This of course is in the event that he IS UNABLE TO DECIDE FOR HIMSELF OR WOULD MAKE A BAD DECISION.

I always find it alarming that some people seem to think that being an attorney gives total power to 'take over' the grantor's life!! Unless there is very specific wording which relates to 'all decisions' PoA is designed to give the attorney authority in the event of the grantor's inability to act for themselves, I would imagine that for the 'health & welfare' part it would generally come into play through illness of the grantor.
The financial part can be for any reason, eg health, grantor being abroad and unable to sign documents etc.

Your sister cannot forbid you to see your mother without good reason, not simply because she's having a bad day or throwing a paddy.

hope you get this all sorted soon.
Lots of love, Necion. xx
 

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