Lasting Power Of Attorney

[modeste]

My wife, who was granted lasting POA for her brother who is unable to make such decisionsfor himself.
Recently her sister has applied for POA, unknown to my wife and with no prior notice.

I know the outline is basic, but can POA be transferred so easily?

[Buenchico]

Are you sure that the application is to 'transfer' the POA? It would seem far more likely that it's for your sister-in-law and your wife to be able to act 'jointly and severally', meaning that either of them (or, of course, both of them together) would be able to act on behalf of your brother-in-law.

[modeste]

Thanks for your answerBuenchico. It appears my sister-in-law is asking for transfer for her own ends. She has already "brainwashed" my vulnerable brother in law into acting irrationally. My late mother-in-law made my wife LPOA in order to protect him from other members of her family. My sister-in-law has set the ball rolling without notifying my wife.

[888]

I would think it unlikely, as you have been nominated to act on your brother's behalf. However it wouldn't hurt to ask whoever registered it for their legal opinion.

[woofgang]

Has your brother in law signed the forms for your sister in law or is she claiming he lacks capacity?

[themas]

Your wife needs to explain the full circumstances to the Guardianship Office (or whatever it is called now - i.e. the body her LPA was registered with) & object to the transfer.

If her brother is not able to make decisions for himself I don't see how he could have approved your wife's sister as an attorney. Nor do I see how the registering authority could approve a transfer of the LPA without your wife having the opportunity to object.

Regrettably, if the sister doesn't desist this could well end up in an expensive Court battle, or the Guardianship people would take it on themselves to refer it to the Court of Protection for them to make a decision as to who should act.

Your wife may need her own legal advice at some stage but she should start by talking to the Guardianship people.

[fadeout73]

A Power of Attorney needs to be granted by your brother-in-law appointing your wife and her sister Attornies (either appointing one or the other or both jointly). If he lacks capacity to understand same, your wife and her sister, again individually or together, would need to apply for a Guardianship Order.

[fadeout73]

Meant to say, I'm sure the original one would need to be revoked and new one drawn up.