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Power of attorney can it be challanged?
- By sarah_1
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Sat 19 Apr 2008 16:48
I am in a dreadful situation where my sister has unbeknown to the rest of the family put mum in a care home for the duration of her holiday.
while no one denies that she deserves a holiday, she has because of a rift in the family not asked for our help nor told any one of her intention to put mum in the care home, On finding where mum was my sister went to get her only to be told this was not possible as the carer has power of attorney.Again this POA was gained with no reference to any other member of the family. Do we have grounds to have this overturned and if so how would we go about it?
Replies
- By Tricia
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Re: Power of attorney can it be challanged?
Sat 19 Apr 2008 19:50I would think you need to seek legal advice.
I had power of attorney for my mother without consent of my brother or sister. Power of Attorney is normally applied for when the person in question is in fit sound of mind. However, should you be able to prove that your mother was not in fit sound of mind when Power of Attorney was applied for then maybe you have a case to look into.
In my circumstances eventhough am the youngest and was my mother's carer I still seeked advice from my older siblings when my mother's mind was no longer fit for her own decisions. I did stick to my grounds when one of my older siblings questioned my actions after all it was me who was left to pick up the pieces while they went back home to live the life which they choosed to do so. Even though they stated they had no choice because of their family committments what was forgotten was that I too had family committments along with the addeded stress of my caring committments!
- By EL
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Re: Power of attorney can it be challanged?
Sun 20 Apr 2008 17:54POA can be challenged but only if you have good grounds, and evidence and proof as to why it should be challenged. A family rift is not good grounds. Family rifts can go on for years and years, and its years and years your mum can well do without. Have you asked your sister why she didn't consult the rest of the family? did she feel she could not approach the family because of this rift perhaps
For whatever reason she is your mums primary carer and she has her work cut out for her. Is she a good carer? is your mum well looked after and happy? Is your mum comfortable and happy in the care home? If yes then let things lie and settle till your sister gets back, call a family meeting and discuss any help and respite you and the rest of the family can offer. Call a truce 
bite your tongue and smile sweetly till you get the result that you are happy with. Remember your sister will not take too kindly to any criticism on her ability to care for your mum 
so handle with care. If however you feel your mum is not being well cared for (and it does happen) then you have to fight tooth and nail to ensure that she is. You know what they say 'keep your friends close and your enemies closer' that way you can keep your eye on matters. Why do you want to overturn the POA? dont let your negative feelings for your sister cloud your judgment, but do what you think is necessary for your mum. 
- By KLC
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Re: Power of attorney can it be challanged?
Thu 3 Jul 2008 15:39Your sister should have either an enduring power of attorney, or if it's more recent a lasting power of attorney.... they are slightly different in legal terms. An ordinary power of attorney would cease to operate as soon as your mum lost her mental capacity.
In either case however, your sister needs to be able to show that she is acting in your mother's best interests... there is a standard checklist of what should be included in a "best interests" assessment, and it includes consideration of what your mother would have wanted.
All presuming your mother no longer has mental capacity - if she does then it's up to her obviously.
If you think you can demonstrate that your sister is not acting in your mum's best interests, then you may have a case.
- By mel
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Re: Power of attorney can it be challanged?
Tue 5 Aug 2008 17:05please raise your concerns with social services - even if it was a private home and not via the dept, and advise that you want an IMCA (independent mental capacity advisor) they have a website somewhere! basically they will given access to your mums file and will interview family and social worker if needed, will talk to mum even if she does not have much capacity etc, and they will provide an independent opinion on whether she was able to decide to go into the home herself, or if the home was the right choice as she wasnt managing at home etc etc. I would also seek advise from a solicitor, many offer free consultation for the first hour.
At the end of the day however, has your mum settled, is she happy where she is, is she safe, are her needs being met, is she being well care for?