Legal Question in Wills and Trusts in United Kingdom
My brother in law is a partner in a firm of solicitors. Whilst staying with him recently my mother in law signed a form giving him (my brother in law) lasting power of attorney.
My husband was told that someone would talk him through everything. He assumed that the power of attorney would be in joint names.
We have now received a letter from my brother in law's firm stating that he has sole power of attorney. In the past 8 years he (brother in law) has twice to our knowledge tried to get my mother in law's doctors to confirm that she is muddled and cannot cope mentally with her finances or other matters. On both occasions the doctors have refused to confirm this saying that she is more than capable. My husband and I are very concerned.
Has my brother in law behaved correctly in using his position and his own firm to get this done and does my husband have a case to contest this? We are concerned that my brother in law will succeed in getting my mother in law into a care home - she is in sheltered accommodation and is more than happy where she is as she has retained her independence, which she values.
1 Answer from Attorneys
Hello and thank you for your question
If your mother in law has signed the document giving your brother in law sole power of attorney there is nothing your husband can do to contest it unless he can prove before court that your mother in law was infact forced to sign such document when her real intention was to give both her sons equal powers of attorney.
Your mother in law does however have the option of revoking this power of attorney given by her. But you must make sure that it is done before witnesses will who agree to testify in court if the situation arises. You should be able to show that it a doing of her own free will or else your brother in law may come back and contest that such revocation is forced.
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