Jobs & Education0 min ago
Lasting power of attorney
5 Answers
My brother is about to be appointed power of attorney to handle my mums affairs. my sister and i are uneasy about the situation. how can we safeguard mum and her affairs? can we add conditions to this power of attorney paper: for eg- ensuring mum stays in her home without being bundled into a care home, and another thing; can we ask for full audits on mums affairs monthly to ensure her money isn't going elsewhere. Yes, you guessed it - my brother cannot be trusted due to prevoius experinces, but he lives nearest.
or is there an atlernative to this POT?
Any help would be apprecited....i know we will probably have to see this solicitor - but need to know what to ask for...
many thanks
or is there an atlernative to this POT?
Any help would be apprecited....i know we will probably have to see this solicitor - but need to know what to ask for...
many thanks
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.There is no reason why only one person should have power of attorney. It would be better if you, or your sister, was named as an additional attorney. A condition could then be included stating that the attorneys must act jointly.
It's likely that two LPAs will be required. (One for 'health & welfare' and one 'property & financial affairs'). See here for examples of how conditions can be included into LPAs:
http://www.publicguar...are_LPA_%28web%29.pdf
and
http://www.publicguar...uidance_%28web%29.pdf
Chris
It's likely that two LPAs will be required. (One for 'health & welfare' and one 'property & financial affairs'). See here for examples of how conditions can be included into LPAs:
http://www.publicguar...are_LPA_%28web%29.pdf
and
http://www.publicguar...uidance_%28web%29.pdf
Chris
What stage has this reached? Has the LPA actually been completed & is in the process of being registered? If so, & if you are a "named person" you have the ability to object.
If you look at the various sections there is a lot of information here:
http://www.publicguardian.gov.uk/
Or it is just being prepared & the solicitor has written to you about it? If so, then I think you will have to try & persuade your mother to appoint you &/or your sister as well as your brother.
If you look at the various sections there is a lot of information here:
http://www.publicguardian.gov.uk/
Or it is just being prepared & the solicitor has written to you about it? If so, then I think you will have to try & persuade your mother to appoint you &/or your sister as well as your brother.
Are you sure you have understood what "jointly & severally" means? If you do it this way then each of you can act independently of the other(s). I thought from your post that you did not trust your brother & wanted to avoid him being able to act alone. If that is the case, then you need to be appointed to act jointly - NOT jointly & severally.