Power of attorney

[LeftInTheDust]

Recently we sorted my Nan out with her medical power of attorney, for some reason she had all of it sorted but medical.

Originally, it was going to just be my mum but then it was suggested that maybe there should be someone younger (my mum is 54 and I am 20). Various factors went into this decision, my mum is an only child and my nan doesn’t like my dad and my parents religion holds a conflict of interests between my nans wishes and what they believe is right.

However recently I was part of a conversation where my mum said that she would sell my nans house from under her if she didn’t have an operation on her knees as it’s a medical decision or something. My mum had joint financial power of attorney with a friend (I was too young when they sorted it).

I know it’s just a house but my Nan would be absolutely heart broken if she did that. She’s lived there since 1960 and it was her and my late grandads (who died in 2000) house and it’s really special to her. Her intentions in her will is that the house will go to my sister and I, I’m not wanting her to keep the house for our inheritance I couldn’t care less about that. It really would break my Nan if my mum did that. Out of the whole family I’m the one that’s closest to her and I’m far closer to her than either of my parents or sister. I know what she wants and I’ve promised her that I would make sure her wishes would be heard and respected.

Could my mum do this? She told my dad she would do it under the medical power as it would be something todo with treatment. If I didn’t consent would she still be able to do it? My Nan is fully competent and the only thing she has wrong with her is her knees but she is refusing to have them done as she’s scared.

Now my mum may not have any intention of doing this and she was just saying it to shut my dad up (who doesn’t think she should have a house) but it got me really worried. If she did this is there anything I could legally do stop this? I don’t have anything other than medical power (the solicitor explained that her house could have been taken off her if she got sick and needed treatment) but my mum specifically said she would do it under the medical power. My Nan doesn’t know she said this and I don’t want to worry her unnecessarily but if this did turn out to be true is there anything I could do to stop it? I hope this makes sense but I’m really worried about this.

Simply -no POA only applies if the person does not have capacity

Also, property would be classed as finance not health

Medical poa only happens when the person has lost capacity, your mum would need grandma permission to sell her house, it's not a medical decision. If you are worried then contact the office of the public guardian. Why does mum want her to have the operation, it's nothing to do with her.

The LPA for both Health and Finances must be registered and can be revoked at any time the person appointing retains capacity. They cannot be used until that point and to make a decision to sell a property without consent would be financial abuse and an offence.

You need to help your mother understand that. Being given LPA is not Carte Blanche to make all the decisions for your grandmother.
I would suggest a conversation with your grandmother too as she needs to be aware in order to protect her assets.

Then I’d find someone to talk to her about knee surgery and the likely outcomes.

The health and welfare LPA can only be used when she no longer has capacity. The financial one can be used as soon as registered and before capacity is lost with the donors consent if this is the option that was selected on the document. You will need to check. You will also need to check how your mum/her friend are appointed. If they are appointed jointly then they would need to make the decisions together so your mum couldnt make the decision without her consent. If they are appointed jointly and severely then they can make decisions independently of one another. It all depends on what the document says. The idea behind LPAs though is that the attorneys should make decisions that the donor would make if they had the capacity , not decisions that the attorney themselves think are best. Get in touch with the office of the public guardian if you have concerns. You could also chat with your nan about the property and financial affairs LPA if she still has the capacity to be able to make a new document so she at least is given chance to address this if she wants to.

Thank you everyone! This is really helpful and it’s made me feel a lot better