power of attorney

[fabricator]

Good evening, can someone please advise me on this question?
Tonight I discovered my wife's Sister is applying for sole Power of attorney, without any prior consultation with my wife.
They are both equal beneficiaries in their Father/. Mothers Will.
Is this Legal ?
Thanks in advance,
Fabby

[enaid]

Re: power of attorney

It is the person who appoints the attorney basically given them powers to handle their financial affairs but while they still have mental capacity and can still supervise their actions. So as it would be your wifes mother or father choosing to appoint an attorney then your wife would not need to be consulted.
This applies if it as an Ordinary Power of Attorney.
An ordinary power of attorney is only valid while you are capable of giving instructions. It will end if:

• you lose mental capacity to make your own decisions about your finances and are no longer able personally to supervise or direct the attorney
• you revoke the power
• the power is limited to a specific task which has been completed
• the attorney dies or loses mental capacity.

A Lasting Power of Attorney is giving someone legal authority to someone to make decisions on your Property and Finance or your Personal Welfare when you lack mental capacity. The LPA must be set up while the person still has mental capacity and registered with the Office of Public Guardian before it can be used.