If hostile sibling has LPA what might that mean?

[YesIwillyesIwillYes]

My sister has already excluded me from a family funeral, completely against my mother’s best interests. When/if my Mother loses capacity, what’s to stop my sister preventing me from seeing my mother at all? She won’t even inform me what is going on.

Following with interest, as my mother has given LPoa , to a cousin and his wife , bypassing my brother and me .

Have both if you spoken to your DM about it?

In the end its your mums decision, and she has chosen your sister, so whatever happens, it is in accordance with your mums wishes

My Mother has been coerced.

If you believe and have some evidence of your mother being coerced then you can challenge the LPA. Sadly with it in place your sister can strip your mother of all assets and dump her in a residential home without your say so and potentially block you from knowing where she is placed/ being able to see her. Wiiththe health POA she can stop medical staff speaking to you in the event of hospital admissions too.

But it is your mum's choice. And if she holds to it there won't be much anyone can do. Sadly.

Go to the website of the Office of the Public Guardian. There is an area there where you can report the behaviour of an attorney, if you feel that they are not carrying out their duties in the best interests of the donor.

Attorney - the person holding the LPA
Donor - the person that they're supposed to be supporting

Well, your mother will have a certificate provider, who will have spoken to her alone, and guaranteed she has NOT been coerced, so how did your sister get around that?

Sadly it's all too easy 'to get around' if your sister got her friend to sign the certificate ! The checks and balances on POAs are shockingly lax.. the office of the Public Guardian does not even have a formal fraud department ! It's an area that needs a serious overhaul especially with an aging population.

Whilst your mum has capacity raise this with the OPG who can send a visitor, investigate and speak with your mum separately from your sister.

If the OP thinks the certificate was fraudulently obtained, then she needs to report this.

I doubt it was. Why would anyone commit fraud for this reason, what would they gain from faking a certificate for someone elses LPA?

Access to bank accounts?

Ability to arrange care to ensure minimum diminution of inheritance?

As pp have said speak to the office of the Public Guardian. Its my understanding that its easy to get LPAs revoked if you disagree with the way its being used.

That said you may then end up with no LPA for your mum. So that needs to be factored in..

The person who fakes the certificate doesn't have access to bank accounts or any say in arranging care - just the criminal liability if they are caught, no benefit what so ever.

Yes,agreed … but given the lack of knowledge about LPAs generally, I doubt whether they realise that

The person who signed my certification didn't talk it through with me at all. They just signed it for me. Of course they know me well and know my kids and I'm not vulnerable.

Most friends who think they know you well will just sign it surely? Which of course is a flaw in the system, but any extra barrier will mean even longer waiting times (it's 20 weeks at the moment, which in itself or concerning when someone is vulnerable) and fewer people bothering to arrange LPAs. It's a bit of a no win situation.

well that is fraud then isn't it. They have signed to confirm they have spoken to you alone and can be witness that you are not being coerced. No one can sign UNLESS they have spoken to the subject of the LPA alone.

The Op needs to speak to the certificate holder and confirm that they did speak to the mother alone and check there was no coercion.

A relative of mine in similar position. Basically disinherited due to selfish, manipulating arse of a sibling 🙄.
Seems little he can do.
Money brings out the worst in people...

There is absolutely no inference that the certificate signer gets to gain .. but it is so easy for a manipulative relative to say to a neighbour or friend...' would you mind signing this paper so I can look after my elderly relatives affairs' and most would do it without realising the importance...