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Power of attorney and my rights

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  • Power of attorney and my rights

    Hi,




    Just wanted to ask a few questions.

    Iíve cared for my mum for the last 3 years, living at her house and paying no bills or rent. Sheís got Alzheimerís dementia and basically canít do anything for herself or speak.

    I work full time and we had carers coming in during the day.

    She was put into a home a week ago.

    My siblings have power of attorney and they left a letter at the house last week saying theyíre given me notice to leave the property within 8 weeks. As they want to sell the house ASAP to pay for my mums care.

    Obviously theirs no contract with me living at the property like as if I was a tenant.

    From last week also theyíve asked me to start paying for the bills at the property, which Iím more than happy to do.

    They didnít even consider any other options for me.

    As I know you can deferrer payment on the house and you donít have to sell it straight away. Have I got any rights? Plus I donít speak with my siblings so I feel this is all against me.

    And my second question is can they come to the house when Iím not there? As theyíve already been over and taken documents and the will, when Iíve been at work. I must have rights and privacy now Iím living on my own.

    Itís been a stressful few years with them and mentally draining looking after my mum.




    Thanks for your help.
    Tags: None

  • #2
    You and your siblings really need to have a full and frank conversation.

    The persons who hold power of attorney for your mother have the right to act in her name, as if they are her.

    Deferring payment may be an option, but it will come at a cost. That needs to be factored in to any discussion.
    Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      You should ask your siblings for a copy of the LPA. There may be restrictions in the LPA regarding the sale of the property.
      You said you are prepared to pay the house bills whilst you are still living at the property. If the property takes 6 months or more to sell (the property market is stagnating) then if you vacate the house in 2 months, the bills will have to be paid from your mum's savings until the house sells.
      I fail to understand why the property can't be marketed while you are still living there. This would give you longer to find alternative accommodation.
      I take it you have thought about obtaining a mortgage to buy the property yourself.

      Comment


      • #4
        Originally posted by atticus View Post
        You and your siblings really need to have a full and frank conversation.

        The persons who hold power of attorney for your mother have the right to act in her name, as if they are her.

        Deferring payment may be an option, but it will come at a cost. That needs to be factored in to any discussion.
        They don't seem to want to discuss anything with me. I asked for an up to date bank balance of my mum and they refused.

        Thanks for you help, much appreciated.

        Comment


        • #5
          Originally posted by Pezza54 View Post
          You should ask your siblings for a copy of the LPA. There may be restrictions in the LPA regarding the sale of the property.
          You said you are prepared to pay the house bills whilst you are still living at the property. If the property takes 6 months or more to sell (the property market is stagnating) then if you vacate the house in 2 months, the bills will have to be paid from your mum's savings until the house sells.
          I fail to understand why the property can't be marketed while you are still living there. This would give you longer to find alternative accommodation.
          I take it you have thought about obtaining a mortgage to buy the property yourself.
          Can't afford to get a mortgage on the house. id be looking to rent when i leave.
          Do you know what would happen after the 8 weeks if i refused to leave?
          Plus still cant get a definite answer even from citizens advise on if they're allowed in the property if I'm not there.

          Thanks for your help. Much appreciated!!!

          Comment


          • #6
            Originally posted by J4ybee View Post

            They don't seem to want to discuss anything with me. I asked for an up to date bank balance of my mum and they refused.

            Thanks for you help, much appreciated.
            Another question relating to the above. About 5 years ago my older Brother & Sister, without my knowledge, obtained power of attorney for my mother. At the time my mother was sound of mind and by nature is very trusting so will have signed it in good faith. I was never told of this intervention, I now find myself in the situation Iíve described above and feel my siblings are weaponising the POE in this situation. Any advice would be appreciated.


            Comment


            • #7
              Originally posted by Pezza54 View Post
              You should ask your siblings for a copy of the LPA. There may be restrictions in the LPA regarding the sale of the property.
              You said you are prepared to pay the house bills whilst you are still living at the property. If the property takes 6 months or more to sell (the property market is stagnating) then if you vacate the house in 2 months, the bills will have to be paid from your mum's savings until the house sells.
              I fail to understand why the property can't be marketed while you are still living there. This would give you longer to find alternative accommodation.
              I take it you have thought about obtaining a mortgage to buy the property yourself.
              Another question relating to the above. About 5 years ago my older Brother & Sister, without my knowledge, obtained power of attorney for my mother. At the time my mother was sound of mind and by nature is very trusting so will have signed it in good faith. I was never told of this intervention, I now find myself in the situation Iíve described above and feel my siblings are weaponising the POE in this situation. Any advice would be appreciated.


              Comment


              • #8
                They will have to go to court to get you out. Unless you leave voluntarily.
                Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

                Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                Comment


                • #9
                  Thank you.

                  Comment


                  • #10
                    Originally posted by atticus View Post
                    They will have to go to court to get you out. Unless you leave voluntarily.
                    Can I ask 2 more questions please.

                    I was sent this by the citizens advice housing team.
                    Is it correct in what they're saying that the power of attorney don't
                    have to go to court to evict me?

                    Security in the property -
                    In terms of the type of permission you have to remain in the property, you'd be considered an excluded occupier. This means you have limited rights.

                    This normally applies if you live with your 'landlord' (owner of the property), as you would've done with your mother and is also relevant if you're staying in rent-free accommodation.

                    This essentially means that your landlord is only required to give you reasonable notice to leave the property before they can peacefully evict you. They do not need to obtain a court order to do this.


                    The second question is do I have rights to see their POA documents

                    Many thanks

                    Comment


                    • #11
                      Q1. If you have specialist advice, take it. You have clearly told them more than you have told us.

                      Q2. yes, you may ask.
                      Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

                      Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                      Comment


                      • #12
                        Thank you. Really appreciate the quick response too.

                        Comment

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