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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Is it unreasonable for husband to give his siblings Power of Attourney (financial), instead of me?

293 replies

Imaresponsibleadult · 21/02/2025 19:11

Exactly that.

I was sorting out a cupboard and found a document dated 2 years after our marriage, giving his siblings financial P o Attorney (England).

He had done this without telling me and his shitty siblings agreed to it!
We've been married over 15 years and his siblings control his bank account and savings if he was unable to??!! WTF

Im not a gambler and don't go nuts with money. I'm responsible- I'm the one who moves accounts to gain more interest!
I'm fuming that he's kept it secret for over 12 years, despite me saying to him that we both need to Wills etc.
Devious!!

OP posts:
Hdjdb42 · 21/02/2025 20:52

That is strange, unless he's worried you'd get poa if he forgot to update records after a split? He can have 2 POA. I'd talk with him.

Gardengirl108 · 21/02/2025 20:55

caringcarer · 21/02/2025 20:28

That would be the end for me. He would have left you unable to provide a home for your DC. Unforgivable and doing it behind your back. If the worst had happened and your DH had died during the pandemic you'd have been blind sided as and all during your grief.

No that wouldn’t be the case because as countless people have said, the POA ends with the death of the donor.

Justsayit123 · 21/02/2025 20:57

Is your house in joint names? What does his will say?

Talonz · 21/02/2025 20:57

Which law governs his Will?

Also, as spouse living together you may have a major claim on his estate regardless. He is still a shit for what he has done. Which is a different matter.

Givemestrength1000 · 21/02/2025 20:59

Divorce him and get half! That will get around the POA.

Dita73 · 21/02/2025 20:59

He sounds like a right conniving shit. Definitely ditch his arse

pinkstripeycat · 21/02/2025 20:59

They wouldn’t have POA over any joint accounts

YourHappyJadeEagle · 21/02/2025 20:59

DoraSpenlow · 21/02/2025 20:06

Power of Attorney ends with the death of the donor.

Is there any way of checking if your husband has made a Will? I’m just thinking that if he knows the POA expires on death as @DoraSpenlow and others have said whether he also made a Will making siblings executors.

And agree it’s a devious thing for him to have done.

edited because I can’t type!!!

BIossomtoes · 21/02/2025 21:03

Justsayit123 · 21/02/2025 20:57

Is your house in joint names? What does his will say?

It doesn’t matter what his will says if they’re joint tenants, the survivor automatically inherits.

Ddakji · 21/02/2025 21:03

YourHappyJadeEagle · 21/02/2025 20:59

Is there any way of checking if your husband has made a Will? I’m just thinking that if he knows the POA expires on death as @DoraSpenlow and others have said whether he also made a Will making siblings executors.

And agree it’s a devious thing for him to have done.

edited because I can’t type!!!

Edited

Do you mean executors or beneficiaries?

harijes · 21/02/2025 21:05

You need to talk to him.

I get the anger, if your gut is correct and it's correct.

However, it was made 13 years ago, has it been updated? It's financial only, lots of people ask even a solicitor to do this. It's a pain in the ass job with huge responsibilities.

Is it a case of an old one being updated without real thought.

Or has he gone in to make a will? What about welfare attorney?

Candystripes85 · 21/02/2025 21:06

Have you checked to see if it’s a financial POA or a Health one? I know a lot of people who have chosen people other than their spouses for the health as they don’t want to put the burden on their spouse/children should difficult decisions need to be made.

If it’s purely financial, I think he’s being a complete ass. He obviously has money in savings you don’t know about and doesn’t want you to access.

As others have said it gets cancelled if he dies so don’t worry about it from that perspective. Are you sure he doesn’t have a will already? He may have also appointed them executors. They wouldn’t be able to touch anything in joint names as it will automatically go to you, but anything in his own name they would have control over if they are.

BobbyBiscuits · 21/02/2025 21:07

I wouldn't blame the sibling for agreeing.
It could be for a variety of reasons and it's best to try and talk about it calmly. You might be able to change his mind but if he feels he wants the sibling to do it then ultimately it's best to accept his decision.

Icanttakethisanymore · 21/02/2025 21:08

wizzywig · 21/02/2025 19:14

I'd be chucking that paperwork in the bin.

It’ll be registered and his siblings will know about it.

Enough4me · 21/02/2025 21:10

You already know this, but LTB.

Candystripes85 · 21/02/2025 21:11

Also just reading some of the other posts and whoever said a POA wouldn’t have access to a joint account is incorrect. If the OP became unable to manage his accounts, his siblings would take over his place and would run the account with the OP in place of her husband. In effect they could clear the whole lot out and leave her with nothing.

Crikeyalmighty · 21/02/2025 21:11

In this scenario I would be going for divorce whilst he's still alive!! Harsh I know but he sounds not very committed sadly anyway

Imaresponsibleadult · 21/02/2025 21:13

Candystripes85 · 21/02/2025 21:11

Also just reading some of the other posts and whoever said a POA wouldn’t have access to a joint account is incorrect. If the OP became unable to manage his accounts, his siblings would take over his place and would run the account with the OP in place of her husband. In effect they could clear the whole lot out and leave her with nothing.

Shit.

OP posts:
alwaysdeleteyourcookies · 21/02/2025 21:14

YANBU, OP. That's unforgivable and says everything about what he thinks of your marriage. How upsetting.

Imaresponsibleadult · 21/02/2025 21:17

That's what i need to start.
If he talk to his family but not me, then they can take care of him, cos I'm fighting for every penny as a stay at home mum cos he works 7 days week!

OP posts:
Imaresponsibleadult · 21/02/2025 21:18

It's a financial & property one.

OP posts:
Candystripes85 · 21/02/2025 21:18

Imaresponsibleadult · 21/02/2025 21:13

Shit.

The way I see it, at the minute you are the one in control. You know about this and have time to do something about it before that document is needed.

Does he have any other assets he may have already signed over to them? It seems to me that he may have already planned for the event you don’t stay together?

It’s a huge decision to make, but if you genuinely feel like this is the end for your relationship I would pluck up the courage to leave and divorce now. Get your half before his siblings can get a look in.

Allywill · 21/02/2025 21:22

Are the siblings substantially younger than you? I mean my sister and I are POA for our parents because it doesn’t really make sense for them to be each others are they are both in their eighties. even if that was the case he should have told you at the very least. my dad also wanted us to be health poa as he did not think my mum would be able to make difficult decisions about his health care (dnr for example) and thought it unfair to ask her to.

ButterCrackers · 21/02/2025 21:26

Candystripes85 · 21/02/2025 21:11

Also just reading some of the other posts and whoever said a POA wouldn’t have access to a joint account is incorrect. If the OP became unable to manage his accounts, his siblings would take over his place and would run the account with the OP in place of her husband. In effect they could clear the whole lot out and leave her with nothing.

The op could prove what is hers but all the rest could go.

rosyvalentine · 21/02/2025 21:28

@Soontobe60 It was quite a few years ago and we were very poorly advised by our solicitors tbh. I now co-own a house with my DP as tenants in common and our agreement reflects our respective shares in the property.

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