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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:
Imaresponsibleadult · 23/02/2025 07:02

I won't clear the joint account cos standing orders get paid from there.
A solicitor can easily see the balance on different dates when I show her bank statements.

I feel so cheated, I tried so hard to make our marriage work. To me, he gave up when he did this LPAttoutney years ago.
He refused to come to marriage counselling with me.

OP posts:
SpringCabbage · 23/02/2025 07:41

If he regularly shares information with his sister about what you both discuss, and she is brazen enough to challenge you in the supermarket - that is even more of a red flag for me.

kiwiane · 23/02/2025 07:50

Find a really good family solicitor now and organise an initial in person meeting. Be willing to pay for this rather than opt for free advice - you’ll find out whether you like their approach and be given options. Don’t delay as he’s on to you and doesn’t play fair with finances.

Lieneke · 23/02/2025 08:14

Change it immediately by going to a solicitor with him.

Imaresponsibleadult · 23/02/2025 09:03

Lieneke · 23/02/2025 08:14

Change it immediately by going to a solicitor with him.

Already tried.
He won't

OP posts:
MibsXX · 23/02/2025 12:30

Ddakji · 21/02/2025 20:29

Luckily that’s not going to happen because a POA ceases once the person is dead.

Too many people, including the OP, not understanding how POAs work.

Isn't the point that if Op's hubby had ended up on life support machine. then she would have had to beg for any money for food. travel mortgage normal living expenses from them as they have POA?

Imaresponsibleadult · 23/02/2025 13:04

MibsXX · 23/02/2025 12:30

Isn't the point that if Op's hubby had ended up on life support machine. then she would have had to beg for any money for food. travel mortgage normal living expenses from them as they have POA?

Exactly.
I feel cheated and lied to for years.
It's all been an illusion.

OP posts:
Zonder · 23/02/2025 13:51

It's good you're getting things in order now. You can sort out all your assets and money and make your own life, leaving him to his siblings. You will be much happier I'm sure.

Islandgirl68 · 23/02/2025 13:52

@Imaresponsibleadult but they are not his financial matters they are both of your financial matters, and you should know what your financial matters are. Divorce and get your half, he can then share his with his siblings.

Pessismistic · 23/02/2025 13:58

Imaresponsibleadult · 23/02/2025 13:04

Exactly.
I feel cheated and lied to for years.
It's all been an illusion.

You have been lied to you will be better off without him. let him replace you with a stepford wife he is so disrespectful to you. Get what you can from him do it for your dc. Sounds like he needs someone who won’t question him hopefully no one is going to want this role.

Cosyblankets · 23/02/2025 14:14

Definitely better off without him

Imaresponsibleadult · 23/02/2025 17:40

I'm very grateful for your encouragement.
Thank you everyone.

OP posts:
llizzie · 23/02/2025 20:08

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!!

Get a solicitor immediately

llizzie · 23/02/2025 20:11

Imaresponsibleadult · 23/02/2025 17:40

I'm very grateful for your encouragement.
Thank you everyone.

Look into whether to divorce him A solicitor will tell you what you are entitled to, then divorce him before his sisters need to take over his affairs.

Perhaps he has a genetic disease he hasn't told you about? Grounds for divorce.

Imaresponsibleadult · 23/02/2025 21:17

llizzie · 23/02/2025 20:11

Look into whether to divorce him A solicitor will tell you what you are entitled to, then divorce him before his sisters need to take over his affairs.

Perhaps he has a genetic disease he hasn't told you about? Grounds for divorce.

Blooming hope not a genetic disease.
We have two children!

OP posts:
Imaresponsibleadult · 23/02/2025 21:29

How do I move this to Divorce/Separation?

Is it legal to give another person (not spouse) the ability to sell the marital home?

OP posts:
SpringCabbage · 23/02/2025 21:33

Hard to see how you’d be worse off divorced (financially as well as emotionally).

Imaresponsibleadult · 23/02/2025 21:41

I don't think I would be worse off.
Now I need him to keep healthy so the siblings don't control whether or not our children can go to university free of the burden of a loan!

OP posts:
BIossomtoes · 23/02/2025 21:51

Imaresponsibleadult · 23/02/2025 21:29

How do I move this to Divorce/Separation?

Is it legal to give another person (not spouse) the ability to sell the marital home?

Nothing jointly owned is covered by an individual’s PoA. I think you should invest in a half hour with a solicitor so you understand exactly what this means.

Imaresponsibleadult · 23/02/2025 22:17

I hope not!!

OP posts:
llizzie · 23/02/2025 23:25

Imaresponsibleadult · 23/02/2025 21:17

Blooming hope not a genetic disease.
We have two children!

I hope not too, OP, but there has to be a reason for your husband's sister to have POE over you. Is it something they know about and not you?

If that is the case though, it is grounds for divorce, and chances are the judge would not see you and the children homeless.

The only way you can find out is to consult a solicitor. Only a solicitor would know how to advise you. Half the house is yours. Do you have joint ownership as 'tenants in common'? It is a legal term meaning if one passes away, the other automatically owns the property. You can find that out from Land Registry. It will be worth the search fee. If you do, discuss the results with a solicitor.

DO NOT discuss them with your husband first. Arm yourself with legal knowledge before you mention anything to him. Act as though you have no idea.
I wish you well.

llizzie · 23/02/2025 23:29

Imaresponsibleadult · 23/02/2025 21:41

I don't think I would be worse off.
Now I need him to keep healthy so the siblings don't control whether or not our children can go to university free of the burden of a loan!

I found this on google:

AI Overview
Learn more

Yes, a spouse can legally give Power of Attorney (POA) to a relative who is not their spouse; they can choose any person they trust to act on their behalf, including a family member, friend, or professional advisor, as long as that person is over 18 years old and of sound mind.

Key points to remember:
Choice is yours:
When creating a POA, you have the freedom to select anyone you trust, not just your spouse.

Considerations:
Factors to consider when choosing a POA include their ability to manage finances, understanding your wishes, and their proximity to you.

Legal requirements:
The chosen attorney (the person with POA) must be over 18 years old and have full mental capacity.

llizzie · 23/02/2025 23:34

I have just posted a copy and paste from Ai google.

Ask your solicitor if the POA is only applicable to HIS affairs and nothing that includes YOURS or your children.
Check the joint ownership of your property and savings. Do not give him any money you earn yourself. Open a separate bank account. If he gives you money for housekeeping, spend as little as you can, and bank the rest in your name.
Since he is underhand from the start of your marriage, you owe him nothing. I would go further, but that is me and not you. Never give him anything, money or presents.

llizzie · 23/02/2025 23:36

Imaresponsibleadult · 21/02/2025 19:15

Doesn't make any difference cos it's registered legally.

Are his sisters' signatures on the POA? Is his? I think a POA has to be activated when needed.

llizzie · 23/02/2025 23:42

Candystripes85 · 21/02/2025 21:33

Speaking from experience as I work in this industry. If they were to withdraw the money in cash or transfer it somewhere, she might not ever get it back. Cash is completely untraceable once withdrawn and the bank won’t be able to take that money from the siblings accounts to recover it. Transfers are similar, they can’t always be recovered.

Plus she said she is a stay and home mum so I would imagine apart from any child benefit (if they are able to claim it), everything going in will be from his salary so there wouldn’t be much for her to claim is hers in that respect.

Would OP be able to claim child support and maintenance from those siblings if they were able to activate the POA?

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