Sister has LPA and control

Discussion in 'Legal and financial issues' started by Harleyvalentine, Mar 8, 2015.

  1. Harleyvalentine

    Harleyvalentine Registered User

    Mar 8, 2015
    1
    Hi there
    I wonder if anyone can help me please? My mum has some form of Alzheimer's but never actually diagnosed. Last year my sister obtained an LPA behind my back and also for my step father. My stepfather passed away in January and my mother was unable to care for herself after 2 bad falls at home so I have her in a care home for respite at present. My sister has locked up my mothers house( neither myself or my brother have keys) and my sister is drawing money out of my mums account and also has taken control of all my mums finances/ house accounts etc etc. I have tried to ask her for joint control but she refuses to let me or my brother help. I get on very well with my mother and she has asked me to go to see her solicitor to see whether I can be added to the power of attorney. She doesn't fully understand the consequences and I don't wish to pressurise her but my brother and I are concerned about my mothers finances as my mother is quite wealthy and we believe my sister will help herself to whatever she wants in the future. Can anyone advise me please?
     
  2. nitram

    nitram Registered User

    Apr 6, 2011
    18,288
    Male
    North Manchester
    The LPAs were granted to your sister by your parents.
    At least one certificate provider certified that at the time of signing that your mother had capacity, was not being coerced, and fully understood what she was doing and its consequences.

    The existing LPA cannot be altered, if your mother still has capacity she can revoke the LPA and grant a new one with different attorneys.

    If your mother lacks capacity and you have some reason to believe that your sister is misusing the power by not acting in your mother's best interests you can inform the Court of Protection
    https://www.gov.uk/report-concern-about-attorney-deputy

    Note that your sister is under no obligation to share details of your mother's finances and that the COP will require some evidence backing up your complaint.
     
  3. Adcat

    Adcat Registered User

    Jun 15, 2014
    290
    London
    Nitram has given you excellent advice. I cannot offer anymore.
     
  4. min88cat

    min88cat Registered User

    Apr 6, 2010
    581
    #4 min88cat, Mar 8, 2015
    Last edited: Mar 8, 2015
    Were you not notified of the applications when they were arranged? When my MIL arranged her LPA for my husband (her son) and myself to be joint and several attorneys, the solicitor advised that all interested parties had to be informed, so letters were sent to his brother and sister to give them the option to object.

    During the operation of the LPA when MIL when into a NH, we kept all receipts etc to support any money spent.

    As Nitram has said, if you have evidence of any wrongdoing you need to notify the OPG.
     
  5. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,490
    Female
    Near Southampton
    I also thought that siblings had to be informed of the LPA application.
     
  6. Beate

    Beate Registered User

    May 21, 2014
    11,485
    Female
    London
    You can notify up to 5 people but you only have to notify one, and none if you have 2 Certificate Providers. The fact that I think this is wrong is sadly not the point.
     
  7. nitram

    nitram Registered User

    Apr 6, 2011
    18,288
    Male
    North Manchester
    EPAs had a specific hierarchy for people to be told, there had to be a minimum number and if anyone in one class was told all people that class had to be told.
     

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