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Power of attorney - Carers UK Forum

Power of attorney

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My husband has power of attorney with his mum and dads finances this was done before they both got ill,today we have been to the bank to add him to the account it could not be done because he is joint with his auntie,she told him that if something happens to him she sorts out so we left it,today we been told it needs changing because he can't draw off her account without his aunties consent we never see this auntie and she has said he can have her bank card maybe so but this is not legal hence the form being done,his auntie will not back down oh and she spends all her time in Florida so if she needs money he would have to speak to her we sort everything out take her shopping,this like other stuff has been done behind his back,the bank told us to go solicitors so we did his mum asked what she was there for she could not answer so they would not do anything,don't know what to do my husband is heartbroken.
Sounds as though the PoA was drawn up as 'joint' rather than 'joint and several'. I suspect you will need to get a new PoA done or go through the court of protection. I hope the solicitor can find an easier way through for you.
Jx
Go onto the .gov site and read through all the rules and regs of POAs. They can be changed or a new one can be drawn up.
If, as Juggler says, the POA is just 'jointly' throughout then every transaction on the parent's account must be done by both attorneys. A bit difficult if one of them is out of the country. However it may be that the attorneys were appointed to act jointly (both together) for some things and severally (on their own) for others. The original POA will tell you which.
The only way forward is for parents to do new POAs. If dementia is a factor this will be very difficult, if not impossible. However it does work both ways, so Auntie cannot do anything without your husband either. An extremely difficult situation and your husband's parents were ill advised to make it all jointly in the first place. Perhaps one option may be for Aunt to sign a few cheques for your husband to add his signature when they are needed but it doesn't sound as if there is a lot of trust between him and his Aunt.
Note that a POA can be done online, printed off, signed and posted for registration. You just need someone to sign that parents understand what they are signing. This someone can be a friend who has known them for two years. It is a legal document, so all must be above board.
I don't understand what has been done behind your husband's back. He must have signed the original POA.
Elaine
With a joint account, when one of the joint people dies, the other AUTOMATICALLY gets all the money. So be sure to do something sooner rather than later!!
Thank you so much everyone for the replies,I feel better if you know what I mean but don't sorry that may not make sense,this power of attorney was done behind husbands back he was never asked to discuss it with them all also it was never read to him he was told if something happens to him his auntie deals with it so he signed it,yes he is disabled he is blind has fits lived on his own for years till he met me,was only yesterday found all this out with bank how they register it and his aunt needs to give permission for him to draw cash,his so called auntie got the house sorted and not told husband which we know is fine now and what's what,she also took his mum to do a health power of attorney not invited her son till he stated how angry he was he has been told he has first and final say yet his aunt said not,that's all the things behind his back,she states finances can't be changed and won't back down at all it was done jointly at that time but now things have changed.
I think you'd be best to take advice from a solicitor, Tracie. They will have come across family issues before.
There's a statement in the PoA that says you are signing up to support 'the best interests' of the individual - not your own. It's certainly not in their best interest if a PoA who lives in another country stops one who lives close by in helping the individual.
I believe that you can walk away from a PoA, leaving it to whoever else is named. Obviously you'd want the auntie to do this. But maybe you could force the auntie's hand by doing so yourself. Again, best speak to a solicitor.
Jx
We are so angry because she has done things behind his back on two more occasions attending a meeting re his dad and house and took her solicitors then before Christmas to do a health power of attorney,her son has not been consulted on any of this,she still thinks if we are away and his mum is ill his aunt can make the decision,this is not the case her son has first and final say and we don't need to discuss it with his auntie the solicitor told him this,going back to the finances my husbands dad has done same power of attorney and done jointly now he is in care and can't speak for himself at all,so how would that work,we are looking at revoking this one and re doing a new one,I shall be ringing public guardians tomorrow for advice then speaking to a solicitor his aunt won't play ball and refuses to change it we never see her only twice a year she won't answer messages or phone calls been telling her for three year his mum was ill oh no she is fine.
Thank you all.

Feel so much better rang public guardian and we can do a partial revoke and take his auntie off it.
That's brilliant news. Be sure to do it as quickly as you possibly can!
Pleased to hear that, Tracie. Let us know how it goes.
Jx