Is this abuse of power of attorney

[sealeysb21]

could you advise if this is an abuse of power of attorney? please do not reference any other post I may have made




Mrs A has given her daughter power of attorney.

Mrs A is in her front room with her grandson

Mrs A's daughter comes home and goes into the back of the house

The grandson goes to the back of the house and words end up being exchanged with the daughter.

The daughter tells the grandson to leave. He refuses and says its grans decision. daughter says I have power of attorney and if you don't leave i'll call the police.


Mrs A and daughter had not spoken from the time daughter came home to this incident. Mrs A had not asked her grandson to leave. Mrs A had not asked her daughter to get her grandson to leave.

To me it seems as if daughter was using power of attorney for her own reasons and not for her mom .

Is it abuse of power of attorney or an attempt to abuse power of attorney?

If you don't know if the daughter can make the decision and call the police your probably going to leave but then this means the daughter decides who her mother can see.

Has the mother got all her marbles? Enough of them I think to decide if the grandson should leave or not

thank you in advance

sealeysb21

[2222]

The POA can only be used in circumstances where Gran cannot make the decision, so the POA may be a red herring in this case. The daughter may have had other entirely valid reasons for threatening to call the police, and the fact she mistakenly mentioned the POA would not amount to abuse.

there are lots of other issues. For example, you have not said whose house it is. Nor the underlying reason why the daughter might wish to exclude the grandson.

[sealeysb21]

thank you 2222.
house belongs to Mrs A.
as for why daughter wants to exclude grandson, I can only speculate, on this occasion daughter was challenged about she had done outside of the home.
Seems if daughter has a falling out with someone she orders them out of her mums house, has even used physical force.
mrs A has on one occasion overruled daughter, on another occasion did nothing as she has admitted she was like a rabbit caught in headlights
On this occasion she knew nothing about what was going on/


can I ask why not abuse? she was quoting POA for her own benefit not the benefit of her mother.

sealesb21

[2222]

You really need to engage with the daughter and get her explanation.

For example, suppose you turned up at Grans and found a couple of conmen there trying to con her out of her life savings. Gran may be enjoying every second of it and loving the conmen's attention. Are you seriously suggesting you would not be within your rights to call the police, whether or not you have a POA?

I would ignore the POA and concentrate on whether Gran is being abused, and if so by whom. Take a look here, perhaps.
https://www.ageuk.org.uk/globalasset..._abuse_fcs.pdf

one reason for ignoring the POA is that you would have to apply to the Court of Protection to have it revoked, and you would need a diary of similar incidents before there's any chance of the court taking action.

[sealeysb21]

please refer to the op and work with nothing sinister is going on between grandson and grandmother and that daughter wanted to throw grandson out because daughter and grandson had fallen out.

sealeysb21

[des8]

This scenario is not an abuse of the Power of Attorney'
PoA covers either financial or medical decisions (or both)
It was an attempt to give false authority to an order to vacate the premises, it had (on the face of it) nothing to do with financial or medical decisions.
I suspect the threat to call the police was just that, a threat.

People need to stand up to the daughter and call her bluff.
If she offers violence, the victim should call the police on the basis their presence is required to prevent a breach of the peace.

Isolating the Grandmother from the grandson (and others?) could be a sign of coercive control by the daughter.
Coercive control can cause anxiety and fear in the victim, causing loss of independence, and loss of the ability to make decisions about their own time,
That is abuse

[sealeysb21]

thank you des8 that's an explanation I can understand. Not sure the grandson want to have the police called on them but the grandmother has said he is welcome there any time.

trouble is how can we prove that any complaints we raise are true and honest and not about money, not a question I expect an answer to

mrs A is unreceptive to anything we say to her.

she has turned her back on the only people she can trust. yea I know this could be me just trying to make myself look good
get you all to believe me and think I'm wonderful but if I lie your advice is of no use to me ho hum



sealeysb21

[des8]

I understand what you say.
I have friends who have been married 51 years.
The wife suffered a stroke following a car accident and was paid out £500,000
Their son has now managed to split them up and is controlling the mother.(wonder why?)
At one point she wanted nothing to do with him, and now the sun shines out of his a**e!
He has split her off from all her friends (including my OH whom she used to regard as her sister.
He is a controlling b.....
And it seems there is nothing anyone can do.