Attorney question
Posted by: Fisbey on 26 March 2007
A bit sensitive this, I am, at present one of two attorneys on behalf of my mother. She lives with my sister who is the other attorney. Her condition is such that my sister is now applying for enduring power of attorney, but is naming only herslf as the attorney. Leaving asside issues of trust etc. are there any reasons anyone could think of as to why there should only be one attorney - I hasten to point out my sister does a grand job and handles our mums finances currently, to which I have no objection.
Any thoughts?
Any thoughts?
Posted on: 26 March 2007 by Nigel Cavendish
If you have no objection, why ask the question?
Why does your sister claim that she has sole power of attorney if that is not the case (is there a binding power of attorney that already cites you both)?
I can think of many reasons why one person would want sole power of attorney....
Why does your sister claim that she has sole power of attorney if that is not the case (is there a binding power of attorney that already cites you both)?
I can think of many reasons why one person would want sole power of attorney....
Posted on: 26 March 2007 by Fisbey
I meant any legal reasons.
Think I'd better talk to the solictor.
Think I'd better talk to the solictor.
Posted on: 26 March 2007 by Roy T
quote:Think I'd better talk to the solictor.
Often money well spent when family, care for elderly and perhaps assets are involved. Been there, done that and was thankful for the paid for legal advice.
Posted on: 26 March 2007 by Basil
Lots of useful information at the Public Guardianship Office web site.
Posted on: 26 March 2007 by count.d
The big question is why does your sister want to be the sole attorney? I think she's in the wrong for suggesting it.
There should be no reason why your sister should be the sole attorney. There is also no legal reason why there shouldn't be two attorneys.
I would advise both of you to have equal responsibility, on paper.
People can change when important decisions need to be made.
There should be no reason why your sister should be the sole attorney. There is also no legal reason why there shouldn't be two attorneys.
I would advise both of you to have equal responsibility, on paper.
People can change when important decisions need to be made.
Posted on: 26 March 2007 by Rasher
Might be a bit too simple, but I don't know the circumstances, but here goes anyway:
She's your sister. Why don't you just ask her about it? If you're uncomfortable about it, why not tell her, see what she says?
I think the word "currently" in that sentence reveals your true thoughts. I think you may be reading too much into what is probably just a simplification of the current arrangement. You're going to have to talk it out sometime, so this is the time to do it, before there is a misunderstanding and it gets difficult.
She's your sister. Why don't you just ask her about it? If you're uncomfortable about it, why not tell her, see what she says?
quote:my sister does a grand job and handles our mums finances currently, to which I have no objection
I think the word "currently" in that sentence reveals your true thoughts. I think you may be reading too much into what is probably just a simplification of the current arrangement. You're going to have to talk it out sometime, so this is the time to do it, before there is a misunderstanding and it gets difficult.
Posted on: 26 March 2007 by Fisbey
yes - I think she's a money grabber!
truth is - prior to being told there was a letter on its way from a solictor, the matter wasn't discussed with me - not for the first time - this is waht really maddens me - and no I don't think my sister is behind it.....
truth is - prior to being told there was a letter on its way from a solictor, the matter wasn't discussed with me - not for the first time - this is waht really maddens me - and no I don't think my sister is behind it.....
Posted on: 26 March 2007 by David McN
When we applied to the Public Guardian Office for Enduring Power of Attorney for my parents part of the procedure was that all the children of our parents had to be consulted and attest to the fact that they were consulted.
There is one very good reason why more than one attorney should be appointed. If only one attorney is appointed there can be quite serious problems if that attorney themselves becomes incapacitated in any way.
If you look at the advice from the PGO you will see that there are quite strict procedures governing attorneys - such as keeping annual accounts.
But do get the PGO's literature, it is very helpful
David
There is one very good reason why more than one attorney should be appointed. If only one attorney is appointed there can be quite serious problems if that attorney themselves becomes incapacitated in any way.
If you look at the advice from the PGO you will see that there are quite strict procedures governing attorneys - such as keeping annual accounts.
But do get the PGO's literature, it is very helpful
David
Posted on: 26 March 2007 by Bob McC
One reason I could see for sole attorney would be if decisions need to be taken, agreed and signed to by all appointed attorneys where there are more than one. This could cause logistical problems if you are at opposite parts of the country.
Posted on: 26 March 2007 by Fisbey
This is true - mum and sister are 130 miles away....
Still could have consulted me though
Still could have consulted me though

Posted on: 26 March 2007 by count.d
Even if no one else does, I love you Fisbey.
Posted on: 26 March 2007 by sancho p
quote:Originally posted by Rasher:
I think the word "currently" in that sentence reveals your true thoughts. I think you may be reading too much into what is probably just a simplification of the current arrangement. You're going to have to talk it out sometime, so this is the time to do it, before there is a misunderstanding and it gets difficult.
Aunt Rasher ?? That you ??
PS. Bring plenty of tissues

Sanch
Posted on: 27 March 2007 by Fisbey
Thanks D. 
Spoke with my sister and the solicitor - matter now resolved, a bit of a misunderstanding (on my part) - as Auntie Rasher said.
Cheque's in the post.
Thanks all.

Spoke with my sister and the solicitor - matter now resolved, a bit of a misunderstanding (on my part) - as Auntie Rasher said.
Cheque's in the post.
Thanks all.
Posted on: 27 March 2007 by Rasher

Posted on: 27 March 2007 by Diode100
I can't believe it, an entire thread draws to a satisfactory conclusion, with meaningful input from Rasher, with no mention of crossdressing or gender re-assignment. This board is going to the dogs.
Posted on: 27 March 2007 by Rasher
