Maiden Aunt. Cousin has initiated power of attorney over her affairs without announcing her intentions to other cousins. I think we are all equal status in law as Aunts only relatives are neices and nephews. Can other cousins ask to see copy of this document? Can we stop signing until this is resolved? Dont think cousin concerned is making decisions in Aunts best interests.
2007-08-18 21:10:59 · 5 answers · asked by sorngirl1 2 in Politics & Government ➔ Law & Ethics
You need to seek legal advice over this matter.
2007-08-18 21:18:59 · answer #1 · answered by sarch_uk 7 · 1⤊ 1⤋
A power of attorney is in the first instance a decision by the donor to give power to the person they have selected and can be rescinded. If the donor becomes incapable of monitoring the use and hence incapable of removing/varying the P of A then the holder is required to register the document with the Court of Protection. This often does not happen. To register all relatives must be formally notified. At this point you can challenge what has been going on. The attorney doesn't necessarily have to make the "best" decisions, but must of course not enrich himself at the expense of the donor, unless he can show that that is what the donor would have wanted. If you are concerned that there is fraud or asset stripping going on you ought to consult a solicitor with any evidence you have. The rules are about to change but I believe existing arrangements are not affected. Regarding decisions made do remember that it is much easier for you to review a decision with 20/20 hindsight than for the attorney to make the decision with limited foresight. Also think about the results of causing a family rift, and remember the fictional case of Jarndyce vs Jarndyce (Dickens - Bleak house)
2007-08-19 04:39:41 · answer #2 · answered by The original Peter G 7 · 1⤊ 0⤋
you are perfectly entitled to see the document to ensure the person does have the power of attorney. after you have seen it and it is proved to be a lawful POA you have no further rights whatsoever you cannot stop anybody acting as POA in effect it as nothing to do with you at all even if you think the decisions are wrong, the power of attorney is a powerful document and as such it is very difficult to override if I was you I would just accept it you will spend money and get nothing. just one thing is this a silly petty family thing that as made you jealous you know what I mean or do you really have geniune concerns that the affiars are not being conducted correctly. IF YOU HAVE GENUINE CONCERNS GO TO THE POLICE but be careful not to make a complete fool of yourself in doing so
2007-08-19 04:47:34 · answer #3 · answered by Anonymous · 1⤊ 0⤋
it is and was HER decision and none of yours or anyone Else's business who she selected to be placed on a power of attorney.
2007-08-19 04:20:39 · answer #4 · answered by Jan Luv 7 · 1⤊ 0⤋
It is your aunt's business and the document only has to be shown to those entities it effects. ( I am assuming U.S. )
2007-08-19 04:57:42 · answer #5 · answered by Reston 3 · 0⤊ 1⤋