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  • 1 Post By Studio25
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Old 24-04-2014, 23:40   #1
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Power of attorney advice needed

My brother has to put it bluntly declared himself the above regarding my mum's finances and care. She's been in an old folks home for a year and her house has been put up for sale to pay for her care costs. He has had all her mail redirected to his house and refuses to discuss her financial matters with me and if he does he's very vague with the answers. My mum told me one day that he'd got her to sign a paper that'd be "to the benefit of me and him". I think that this was him getting her to sign her financial matters over to him.
Can anyone tell me if he's acted in a lawful way and if so do i still have the right to see her bank statements and care home cost fees etc? Please don't advise me to see a solicitor as i couldn't afford to.
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Old 25-04-2014, 00:53   #2
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Re: Power of attorney advice needed

The best place for this sort of advice on the internet is uk.legal.moderated. The best place in person is the Citizen's Advice Bureau. The latter offer online advice too, but it's not as quick as the moderated legal group.
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Old 25-04-2014, 01:34   #3
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Re: Power of attorney advice needed

For example, there's a thread with similarities here.
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Old 25-04-2014, 07:07   #4
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Re: Power of attorney advice needed

If he has got her to sign "Enduring power of Attorney" he will have the power to draw money from her bank accounts and deal with her financial affairs. They both would have had to sign it in front of a solicitor and your mother would have had to be of "sound mind and will". My wife and I did it for the mother in law when she went in a nursing home"
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Old 25-04-2014, 14:31   #5
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Re: Power of attorney advice needed

I was told by my fathers solicitor that an Enduring power of Attorney is more important than a will. It does not cost that much to make. My father's solicitor went to visit him without me being present before the papers were signed to make sure he was not being coerced into anything and understood what it entailed. The document is only valid until the person it is to protect is living.On their death it is null and void. I would think that Studio 25 's advice about the CAB is worth taking. Some solicitors do give free advice in some circumstances too. I would suggest finding out which solicitor drew up the document and have a word with them. Good luck.
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Old 25-04-2014, 19:25   #6
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Re: Power of attorney advice needed

Mental Capacity Act: What to do when there is disagreement
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