Ducati Sporting Club UK > General > Idle Chat > Legal advice please(power of attorney)

[888heaven]

If there is anyone that could give advice on the following I't would be much appreciated.
My Mother is not at all well as she has parkinsons and is losing some but not all her mind.
She has just informed me that she has given power of attorney to a family friend.
this family friend has not consulted either myself or sister he now has control of all my mothers money house and investments.
question can he do this without informing anyother family members and if my mother was not in a sound frame of mind can it be reversed.
thanks ian

[neilkeogh]

If I were you I'd contact your solicitor pronto, tell him the situation, basically you and your sister are her (your Mother's) direct family, and you feel that your Mother's/your own interests would be best served it this POA was revoked and a new one installed.

After all, it sounds like you are a little unsure yourself.

[888heaven]

thanks neilkeogh
it just came out in conversation out of the blue.
i'll see one next week.
thanks ian.

[webbyc]

The power of attorney that your mother gave would have to be an Enduring Power of Attorney (EPOA) for it to be valid now that your mother is not of sound mind - to grant a power of attorney to someone you have to be of sound mind to do so, normal POAs lapse when the individual becomes unsound. The EPOA itself would have to be registered with the Court of protection for it to be valid, and part of doing this involves informing family that it is being done and there could be a requirement for a medical opinion as well. It also involves payment of a fee which I think is £220 and completion of a form. The Court of Protection do have their own website containing a lot of information, they also have an enquiry line which is helpful.

As I said earlier if the Power of Attorney is not an Enduring one, then it will now have lapsed and for someone to act for your mother they would have to apply to the Court of Protection for Guardianship which takes a lot longer, often involves medical reports and is more expensive - about £600+.

Your best bet would be to check out the Court of Protection, also get a sight of the document in question - if it was put in place when your mother was in an unfit state then it will be invalid in any case. After that I would then consult a solicitor but make sure that they know about EPOAs because some of them do not.

Hope this helps.

[Rob B]

Ian,

What Webby said is bang on. Unfortunately, my mum is the same, diminishing state and we've been thorough all the EPOA/court stuff too. I also have an Uncle seeing his last days out in the cancer hospice. Recently, his (great!) neighbours managed to encourage him to change his will to leave huge amount to them. Ian, I really feel for you mate, people like this are bloody vultures.

Best regards, Rob

[adam]

I really find it very sad that certain individuals can exploit sick people. Up until a few years ago i was into Falconry, Flying and hunting trained hawks, I also collected paintings by famous artists. One such artist George Edward Lodge was one of the most famous. Upon his death falconers were going to his house where he lived with his eldely sister and said George had promised them certain pictures, his sister just beleived them and handed them over. now we are talking paintings worth thousands. It really makes me sick.
I wish you luck in sorting out your "gold diggers"

[888heaven]

contacted solicitor today few things to chase up will see the outcome?
thanks for your answers chaps god this site restores your faith in human nature.
ian.