power of attorney

[curlyfilm]

my mother in law has severe alzimers, and is in hospital due too the worsening of her condition, now her 73 year old boyfriend has power of attorney, she will leave hospital only to go into a nhs care home, and was submitted due to poor health, me and my wife had tried many times too get her into a home as this is in her best interests, but the boyfriend has blocked this, the only contact we have with him, after this was from his solicitors saying it was in my wifes interest to hand back the ownership of her mothers house back too her, as it was signed over too her years ago, he lives in her mothers house, and the will says that he can live there until he dies, we have no problem with that as that was what my mother in law wanted, now the problem, he still wants her too go home so he can look after her, though the doctors says he must be a saint as he is the first person he has known who wants too this, we believe, well know really that he is living off her pensions, which are quite good, she pays all the bills by dd, which if she went into care her income would stop and he would have too pay the bills, thats why we believe he does not want her too go into care, now he has power of attorney, can my wife and her brother ask his solicitor for him to give a breakdown of her finances, so we can see where it is going, not that we want it, as we believe he is spending the surplus after the bills have been paid, whilst she is in hospital, and long before,
also does anyone know what reference to quote or if we can download a version
any tips will be great
thanks

[antiguru]

Interestingly a POA gives access only to financial affairs, not care decisions and, as they are not married, decisions about your mother in law�s care should still revert to your wife and her brother. Are you absolutely sure a legal POA exists or are you assuming it does? Ask to see a copy if you are in doubt.

You have no right that I�m aware of to demand a breakdown of finances (which you wouldn�t ask a Solicitor for anyway), but you could always ask him for it.

The bottom line here is this is what your mother chose when she was compos mentis enough to do so. You could appeal to overturn the POA on the basis that you do not believe he is acting in your mother�s best interests, but I would advise you to go and talk to the CAB (number in phone book) rather than a Solicitor initially.

Alzheimer�s is a terrible end to a person�s life and many decisions feel controversial. I hope this works out OK for you.

AG

[antiguru]

Also, you need to check whether what your mother in law set up was an ordinary POA or an Enduring Power of Attorney. An ordinary power of attorney ceases to exist as soon as the giver becomes mentally incapacitated, which is very likely for an Alzheimer sufferer.

An EPA would continue, but needs to be registered with a Court which involves informing all relatives who might be affected by it�s use, giving an opportunity for rebuttal.

This link might help you.

http://www.adviceguide.org.uk/n6w/index/family _parent/family/managing_financial_affairs.htm

[curlyfilm]

many thanks, i don't think think he has a enduring power of attorney only a ordinary one, as she does not know who anyone is, i would take it, that this ceases to be in effect officially, i wonder then how this affects his spending of her money
many thanks for your time...