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Elderly parents

Power of Attorney - disagree with who has been appointed

6 replies

frazmum · 18/02/2021 18:34

I've put this here rather than in Legal as my mother is still getting this drawn up. She wants her brother as property power of attorney (she lives in another country to me but very similar system) but it makes me very nervous.
He has a terrible track record with money and is always trying to 'do a deal'. Plus his wife (who my mother has named as a successor POA) has made it very clear on numerous occasions that a lot of the family jewellery and war medals should have gone to her husband. There's not a lot of wealth here but sentimental.
In addition after my mother has sold her house she is buying an apartment in a retirement complex where my stepdad will have a room in the nursing home section. There will be considerable money in their joint bank account to pay for his care.
Everything is screaming this is not a good idea to me and I am currently discussing my concerns with her solicitor as I'm down as 2nd successor.
My mother is usually very level-headed but she's not been well, had to manage all the house sale herself as my stepdad has mild dementia and he's also currently in hospital.
Any advice from someone who's had similar worries?

OP posts:
MereDintofPandiculation · 19/02/2021 10:53

In the UK, when setting up the PoA you can ask for an independent friend or relative to be told when it's registered, and they can raise objections. There might be the option of raising an objection with the equivalent of the Office of Public Guardian but you'd have to have good evidence to back it up.

An alternative is to specify more than one attorney and have them act jointly. It's a pain when the person needs something trivial like a pair of new slippers, and both attorneys have to agree the expenditure and satisfy the bank that they have done so but it does put a brake on someone doing dodgy things with the money.

Not sure any of this is of help to you, posting mainly to keep the thread active.

Mum5net · 19/02/2021 11:48

Presumably he is in the same country that she is?
I suppose one positive is that she is actually doing POA rather than not at all.
However, I’d have one last attempt at persuading my DM. I’d say that even though you live in a different country you are still willing and able to step in on her behalf and that as you are a generation younger than your uncle, you are more likely to be alive should anything happen to your Aunt and Uncle. If she still says No, then I’d ask her outright why she would prefer him to help over you. Her answer to that Q might help you gong forward

frazmum · 19/02/2021 13:48

I think if I could get my mother to agree a joint power of attorney that would be better.

Her doctor thinks she had a small stroke a few months ago and so unfortunately there is some possibility that this could need to be put in place.
Solicitor raised a small issue of my mother's bank needing me to pass their anti-laundering money checks which could be difficult if I'm not in the same country but I'll speak to her bank just in general on Monday and see what options are available for me.
My Aunt who she nominated is actually younger than me (big age difference) which is why she was suggested.

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MrsClatterbuck · 21/02/2021 19:39

What are the ages here. It is more usual to appoint one of your children as supposed to a sibling as a sibling who is similar in age could get ill and not able to carry out the POA.

MrsClatterbuck · 21/02/2021 19:43

I am assuming that you are next of kin and has your mother made a will. Remember that POA become null and void once someone dies. Then the Exexutor if a will is in place or the Administrator if she dies intestate comes into play. Usually the next of kin.

frazmum · 22/02/2021 11:55

I am next of kin and my mother's only child, she does have a will. Gets a bit complicated as my stepdad has 3 children.

My mother is 76 and her brother only a year younger. This is why she put my Aunt on as a successor as she's my age.
I'm speaking with her solicitor tonight and will at least try to push for joint POA.

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