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enduring power of attorney?
just a quick background
my mother in law has alzhiemers, she met a man 8 years ago who moved in with her, anyway she was going to ask him to leave before her condition took control and she was then not able too, he is not her next of kin or maried to her, but has enduring power of attorney, which was agreed by her son and daughter, the house in her her daughters name, and her will states he can live there. until he dies, but once she dies he must pay all the bills
anyway her condition has worsened, so she was in a local hospital, who said she was not recieving proper care at home, after many months of meetings, with him wanting to take her home, which the doctors said he was the only person who ever wanted to take someone in her condition home, the family wanted her to stay in care, she is now in a nhs caring home where she will stay
he "boyfriend" pretends to be a man of means, just because he drives a rolls royce, but we know differently, he has been living of her pensions, that is the reason he never wanted her to go into care, all i can say is trust me on this one
Questions.....
1. does his enduring power of attorney still stand now she is permament care
2. can the family request to see, records of her financial affairs, as they have no doubt he has been using the money to fund his life style
3.will the pensions, be tranferred to the nhs, to pay for her care, we hope so.....
many thanks in advance..........
my mother in law has alzhiemers, she met a man 8 years ago who moved in with her, anyway she was going to ask him to leave before her condition took control and she was then not able too, he is not her next of kin or maried to her, but has enduring power of attorney, which was agreed by her son and daughter, the house in her her daughters name, and her will states he can live there. until he dies, but once she dies he must pay all the bills
anyway her condition has worsened, so she was in a local hospital, who said she was not recieving proper care at home, after many months of meetings, with him wanting to take her home, which the doctors said he was the only person who ever wanted to take someone in her condition home, the family wanted her to stay in care, she is now in a nhs caring home where she will stay
he "boyfriend" pretends to be a man of means, just because he drives a rolls royce, but we know differently, he has been living of her pensions, that is the reason he never wanted her to go into care, all i can say is trust me on this one
Questions.....
1. does his enduring power of attorney still stand now she is permament care
2. can the family request to see, records of her financial affairs, as they have no doubt he has been using the money to fund his life style
3.will the pensions, be tranferred to the nhs, to pay for her care, we hope so.....
many thanks in advance..........
Answers
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1) An enduring power of attorney is specifically for case like your mother in laws - alzheimers sufferers. It will very much stand now that she is in care - it can only be ended by court protection.
2) No they can't unless this was one of the conditions of the EPoA - it is perfectly possible to make joint EPoAs or require the EPoA to provide accounts etc but this would have needed to be done at the inception. The Court of Protection can ask to see the accounts though.
3) Not sure.
2) No they can't unless this was one of the conditions of the EPoA - it is perfectly possible to make joint EPoAs or require the EPoA to provide accounts etc but this would have needed to be done at the inception. The Court of Protection can ask to see the accounts though.
3) Not sure.
Sorry, should have said, I assume that the EPoA is registered.
You may want to look here for furhter advise: http://www.guardianship.gov.uk/formsdocuments/ publications.htm
You may want to look here for furhter advise: http://www.guardianship.gov.uk/formsdocuments/ publications.htm
Copied from Public Guardianship Office site...
Concerns about the improper use of an EPA
If anyone has concerns that an attorney may not be acting in the donor's best interests under an EPA, this should be brought to the attention of the Court of Protection. This can be done by writing to the PGO with all available information concerning the situation. The Court of Protection will consider the expressed concerns and if it shares these, will direct that enquiries be made.
http://www.guardianship.gov.uk/theservice/maki ngan.htm
It also gives the relevant form where you can check if the PoA is registered.
However, the Court and the PGO only have powers to look into the possible misuse of an EPA once it is registered, or where it is clear that the EPA needs to be registered and contact details.
Concerns about the improper use of an EPA
If anyone has concerns that an attorney may not be acting in the donor's best interests under an EPA, this should be brought to the attention of the Court of Protection. This can be done by writing to the PGO with all available information concerning the situation. The Court of Protection will consider the expressed concerns and if it shares these, will direct that enquiries be made.
http://www.guardianship.gov.uk/theservice/maki ngan.htm
It also gives the relevant form where you can check if the PoA is registered.
However, the Court and the PGO only have powers to look into the possible misuse of an EPA once it is registered, or where it is clear that the EPA needs to be registered and contact details.
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