Power of attorney without consultation

[jokerpj]

My first post on the forum. I hope you can assist.

My father has been married for 30 years, this is his 3rd marriage and I am his only child. They now both have developed dementia. they are in their 80's. I have just been informed by my step-sister that she has power of attorney over her mother and my father. I didn't really have a problem with this but was a little concerned she hadn't asked for my approval. She is the only child of her mother so its not like their are many siblings involved, just the 2 of us. I would have sought her opinion if I had been asked to be POA. However it seemed to make sense as she lives close ( I live 200 miles away) so she could manage the day to day expenses.

Recently my father has had falls and has gone to hospital they are now same care home( in the last 5 days) and assessments were written up. I asked my step-sister to forward the assessments and to my horror the GP and care home had no idea I existed or in fact that my father had a living relative. She had not told anyone I was 2nd next of kin to my father. They presumed she was. Now alarm bells are strting to ring as to why I wasn't consulted over the initial POA. Had my father not had dementia he would never had agreed to this without consulting me. I am going to ask for a joint POA so I have an input with my dads affairs. Is this straight forward? What if she objects? Should I have been consulted in the first place? A number of questions I know. Can I object to the original POA on the grounds of my fathers mental state. Any advice would be appreciated.

[mariefab]

Re: Power of attorney without consultation

Neither your father nor your step-sister were required to consult you when the POA was set up.
What evidence do you have that, when the POA was signed, your father already lacked the capacity to arrange his own affairs?

[jokerpj]

Re: Power of attorney without consultation

Neither your father nor your step-sister were required to consult you when the POA was set up.
What evidence do you have that, when the POA was signed, your father already lacked the capacity to arrange his own affairs?

Just the fact that he was suffering from pre diagnosed dementia/alzheimers.

What I am looking for really is advice as to what to do if my step-sister objects to me being a joint POA. My father both then and now is suffering for dementia so he doesn't understand what is going on. My intention is to jointly manage his affairs which had he been of sound mind he would have wanted.

[mariefab]

Re: Power of attorney without consultation

Do you know whether the existing attorney is 'ordinary' (POA) or 'lasting' (LPA)?

In order for any kind of attorney to be valid your father must have had mental capacity at the time it was made. It was his decision to give POA to your step-sister.

Do you have concerns about how your step-sisters has carried out her duties under the POA?
If so, have you discussed this with the OPG?
Have you made an application to the Court of Protection?
This isn't simply a matter of adding your name to an existing agreement.

[enaid]

Re: Power of attorney without consultation

The EPA was a lot simpler but was replaced October 2007 with the LPA which is more complicated and has more safety nets than the EPA.
A Certificate Provider would have to have witnessed your dad had capacity when signing ( someone who has known your dad at least 2 years and is not a relative) and unlike the EPA must be registered before it can be used. During registration certain designated people will have to be informed about the LPA and they can raise objections if need be.
If you have any concerns then you should contact the OPG I have spoken with them a few times and they are very helpful