• This topic has 5 replies, 5 voices, and was last updated 9 years ago by Drac.
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  • Any Legal people on here ? Issues with Power of Attorney
  • adi66
    Free Member

    I’m after a bit of advice, as I’m worried and not sure what I can do to help…

    Long story, cut as short as I can:

    My Grandfather dies 3 years ago – leaves right to power of attorney (when evoked) split between my father and his oldest brother (lets call him B1) (there are also 3 other brothers (lets call them B2, 3,4 and 1 sister (S1) )

    B1 makes arrangement’s to essentially freeze out my father from any real power of attorney rights. [ CAN THAT BE DONE, LEGALLY? ]

    Grandmother has now deteriorated quite badly with Dementia, and the POA is in full effect, trouble is B1 has re-directed all communications – mail – phone calls etc to his address / number. so no one knows whats going on with appointments, money etc. B1 has full control & the only card / access to the money in the bank, and no other sibling knows what he spends it on etc…

    Que family arguing, and sides being taken over care, money etc…

    B1 & S1 v’s my father, B2, B3 & B4

    B1 refuses point blank to even consider a nursing home…Care for my grandmother REALLY ISNT what it should be, she’s hardly being fed by the home help that been arranged, she’s had a recent fall and broke her thigh bone (at home) and was released from 6 week stay in hospital straight back to her home for “independent living”, at B1’s insistence. Without her even having a “fall alarm” etc.

    Family feud is now so bad that whilst my Grandmother was in hospital my father was ‘squared up to & punched by B1 and it had to be broken up by the nurses.
    Last night my father went round to give his mother some proper real food, as he does every other day…. B1 came in, and a fight / argument broke out over her care, resulting in both brothers being lightly injured (Cuts and bruises to arms and face). In fron ot their mother – like bickering kids!!!

    Now my father is no scrapper, and he’s couldn’t give two hoots over money, as he’s got enough already truth be told. (I’m thinking inheritance etc) So I don’t like this one bit.

    My concern is with the health of my Grandmother & my fathers safety with his brother etc.

    So from a legal point of view can B1 freeze out my father ?
    Can the POA be changed to solely my father (or plus another sibling) due to the poor care my grandmother is receiving etc…

    Are there organisations I can ask for help – I know I shouldn’t get involved but i’m very concerned.

    If you’ve had this, how did it end. ?

    Philby
    Full Member

    Might be worth your Dad contacting the following:
    https://www.gov.uk/report-concern-about-attorney-deputy

    adi66
    Free Member

    Philby

    THANK YOU much appreciated.

    dpfr
    Full Member

    I have POA for a relative. The Court of Protection will take this very seriously. One critical thing is whether the POA is jointly held, in which case any action requires agreement of all attorneys. The documentation will tell you this.

    konabunny
    Free Member

    this sounds like an awful situation. family and elder law is so specific and important that you really need someone who knows what they are talking about. have you looked on the Help the Aged website for useful info or the Law Society website for solicitors who have experience in this area and can give you advice?

    I had thought that a power of attorney ceases to have effect upon the death of the person who granted it, but I’m pig ignorant about this area of law where you are so even if I knew the full facts of your circumstance I wouldn’t know what to do with them. good luck.

    edit: if there is a concern about the neglect of a vulnerable person, then possibly it might be appropriate to go to social services, I don’t know. equally, the kids all need to talk: can you go to a mediator who can help facilitate discussion?

    Drac
    Full Member

    Might not be easy but if you have massive concerns then take a look at this.

    http://www.nhs.uk/CarersDirect/guide/vulnerable-people/Pages/vulnerable-adults.aspx

    It doesn’t mean that B1 is intentionally doing any harm, can be they thing they’re acting in the best interests without realising that it isn’t a situation they can manage to look after your Gran.

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