English Deutsch Français Italiano Español Português 繁體中文 Bahasa Indonesia Tiếng Việt ภาษาไทย
All categories

A daughter with a criminal record and "known" to the police, caring for an elderly relative. Can she legally get power of attourney? Already "let off" an arrest because she's the prime carer. Social services are happy to lallow this situation even though relatives have informed them she is a heavy drinker too.

2006-12-31 07:16:28 · 13 answers · asked by garfish 4 in Politics & Government Law & Ethics

Thank you all. How sad that the relative is too old and frail and scared to say no her daughter after the threat of being "put away"

2006-12-31 07:33:39 · update #1

13 answers

In the UK when a person is given the power of attorney there is no check`s made as to whether the said person has a criminal record !
it is also irrelevant if she is a heavy drinker !
You could ask the social services to intervene though if you think a person may be at risk !

2006-12-31 12:06:16 · answer #1 · answered by charlotterobo 4 · 1 0

1

2017-01-18 21:27:32 · answer #2 · answered by Joel 4 · 0 0

First, there are different types of Power of Attorney.
Second, it is stated in the POA what the person who holds it can do. If the person giving the POA wants the person to do all business, make medical decisions, etc. it will be stated in the POA. If they just want them to make medical decisions, but not do banking, it will state that also.
Third, the POA is only valid if the person giving it is mentally sane.
Fourth, the POA is only valid as long as the person wants it to. It will be stated: for the duration of my hospital stay, for the period of 3 months, or never expires, etc.
5th- The POA is only valid as long as the giver of the POA is alive. The POA EXPIRES WHEN THE GIVER DOES. IT CANNOT BE USED AFTER DEATH, IT IS NULL AND VOID.

If you think that the person who has the POA is not using it honestly, or that the person who gave it was not mentally aware, file papers with the courts to have it revoked.

2007-01-01 10:45:59 · answer #3 · answered by tequilagold_32 2 · 0 0

Criminal Record Search Database : http://SearchVerifyInfos.com/Help

2015-08-27 17:16:07 · answer #4 · answered by Curt 1 · 0 0

Social security only distributes money, this is not their call. Power of Attorney is given by the person it effects and just gives the care giver the ability to oversee the affairs of someone who can not care either mentally or physically for themselves. Social Services is the agency that would be interested in this situation. There are laws that protect the elderly and disabled just like the laws that protect a child.

2006-12-31 07:31:42 · answer #5 · answered by j.m.glass 4 · 0 1

Anyone can give anyone poa, UNLESS the person it's for is not of right mind. If you have doubts this senior is able to make sound decisions, you can certainly go in front of a judge for a ruling on it, sooner the better.

You should be ready willing and able to show someone else to take the place as primary caregiver.

2006-12-31 07:40:18 · answer #6 · answered by Anonymous · 1 0

If the person granting the POA was coerced into granting the POA, it is not valid. The daughters criminal record may support a charge of fraud. That said, A POA can be granted to anyone the granter wishes to grant it to.

2006-12-31 09:43:43 · answer #7 · answered by STEVEN F 7 · 0 0

The person giving the POA must be of sound mind and understand what they are doing but they can give POA to anyone of their own choosing. If there is a concern you may want to consult an attorney.

2006-12-31 07:31:45 · answer #8 · answered by Badkitty 7 · 1 0

The 5th substitute of the U.S. shape grants, no person would be held to respond to for a capital, or otherwise infamous crime, till on a presentment or indictment of a grand jury, different than in situations springing up in the land or naval forces, or in the protection rigidity, whilst in unquestionably service in time of conflict or public possibility; nor shall all and sundry be concern for an analogous offense to be two times put in jeopardy of existence or limb; nor would be compelled in any criminal case to be a witness against himself, nor be disadvantaged of existence, liberty, or sources, without due approach of regulation; nor shall inner maximum sources be taken for public use, without in simple terms repayment.

2016-10-06 06:32:16 · answer #9 · answered by cosco 4 · 0 0

I'm sure someone else will give a better answer than me, but get legal advice as soon as possible. Look in the yellow pages for solicitors who deal with family problems; most will give a free initial consultation.

2006-12-31 07:30:34 · answer #10 · answered by slobbachops 1 · 0 0

fedest.com, questions and answers