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Legal matters

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Power of attorney

4 replies

Hotelfoxtrot · 23/11/2022 19:11

hi everyone, grateful for any advice.

my elderly aunt is in a nursing home, she has Alzheimer’s and likely does not have long left. The nursing home is closing down and this will cause great disruption to my aunt’s stability and mental state. She had 3 DC, DC 1 & 2 have joint power of attorney. DC 1 makes decisions based on what’s most convenient to them, DC 2 does the bare minimum and DC has a lot of involvement but is only ‘stand in power of attorney’ due to them having mental health issues at the time Power of attorney’s were established. However DC3 has been stable for the past 5 years and wishes for his mother to live with him and provide round the clock care by way of live-in carers. DC1 (power of attorney) will definitely refuse this because it won’t be convenient for them to visit. Where does DC3 stand legally? Can they request to be made power of attorney as opposed to just ‘stand in’?
I feel DC3 is the most likely to provide the best care and has aunts best interest at heart so would like to help them out with anything that can be done. TIA!

OP posts:
Belindabelle · 24/11/2022 16:33

I don’t know the answer for certain but my understanding is that DC3 would have to legally challenge the POA to get it overturned. Unless it could be proved that DC1 and 2 were doing actual harm to your Aunt I doubt DC3 would be successful.

If your Aunt was medically assesed to still have capacity she could appoint DC3 but in this case it sounds like that won’t be possible.

Hopefully someone else can give further advice.

LemonTT · 24/11/2022 17:15

I doubt SS would agree to the home care plan.

Cameleongirl · 24/11/2022 17:23

I’m not a solicitor, but have a POA in place for my Dad.

It will depend which option was chosen on the POA document. Either the Attorneys can make decisions independently OR they all have to be in agreement.

Find out which was chosen-if the Attorneys can make independent decisions, DC2 might be able to say that they want DC3 to care for their Mum.

I don’t think DC3 can make any decisions if they’re the “back-up” Attorney. They can only act if one of the main ones is unable to for sone reason.

Cameleongirl · 24/11/2022 17:24

I hope a solicitor will weigh in on this thread and explain the full legal position. Good luck. 💐

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