How do you challenge POA?

[mrsmootoo]

My sister-in-law (B) has long-standing issues with her brothers (I’m married to one of them). Various issues are coming to a head, because their mother was diagnosed with dementia a couple of years ago.

1. Power of Attorney: They hadn’t sorted out POA although agreed in principle that they should all be named. Then, without consultation, B went ahead and got it with just her name on the POA. This was done after the dementia diagnosis, so I wonder if it could be challenged on those grounds and/or the fact that she did it on her own?
2. Bank accounts: B alone has set up online access to their mother’s bank accounts so the brothers cannot see what is coming and going. She takes any paperwork away with her. Their mother also recently received a large legacy which I think will have been spirited away.
3. Finally, and most importantly, their mother increasingly needs more care, either home visits or a move to a care home (she gets confused an miserable on her own at home a lot), but B won’t contemplate this – I think she sees the money disappearing. In fairness B has borne the brunt of hospital appointments/visits etc (she doesn’t work and has no kids and her partner has a low paid job) and the brothers wouldn’t mind recompensing her for this, but not to the tune of £000s! She refuses to discuss it rationally, raising all sorts of historical grievances.
   Is there anything they can do to challenger her POA and control of the bank accounts etc?
   Any advice welcome!

well obviously you would need legal advice

but I'm wondering how B got the PoA. If she got it while her mother had capacity, and mother agreed to just her having it, then why would it be challenged?

I have third party access to my mum's bank account. My sister doesn't. It happened because I worked part time and was the main one doing stuff with mum.

We do both have PoA though.

To get PoA, someone has to sign a certificate saying your mother has capacity. So if you were challenging it on the basis of the dementia diagnosis, you would have to challenge the validity of the capacity certificate.

It's entirely up to your mother who she chooses as her attorney, and who she allows to access her bank accounts. So you can't challenge on the basis that the brothers have been left out. You'd have to demonstrate that either she didn't have capacity when the PoA was taken out (you can have a dementia diagnosis and still have capacity); or that her Attorney isn't acting in her best interests

Does she have both LPOAs or just LPOA for finances?

If you feel LPOA was not given willingly or with capacity then you can ask the Office of the Public Guardian to investigate. They are better at looking into the financial stuff than the care needs stuff.

If you feel she needs more care and her daughter is denying her this for financial reasons then that is potentially an adult safeguarding issue which needs to be raised with the local authority.

Both of the above approaches are the heavy ended options though and likely to destroy any cordial relationship that may be left between the siblings. I would be trying again to speak reasonably with her (and make a note if doing so) before going down the official routes.