Removing POA from someone who is unfit for the role

[Resident]

Looking for some advice if anyone can give it.

My grandma-in-law (mrs' grandma) is a dementia patient. POA was granted to her eldest son however since this happened things have gone downhill:

1. The assisted living facility she lives in had cause to involve social services and police late last year when GIL was found with unexplainable bruising. I mean she's 96 so bruises can just appear from the most inoculus knocks but still. Ultimately police couldn't find any evidence so investigation was dropped.
2. GIL has substantial savings including ~£600k from house sales (her and her husband had multiple properties which they rented). Money seems to be leaving the account faster than can be explained.
3. The eldest son has a very quick temper and when confronted with even a minor issue, reverts into a mardy child mentality.
4. Tonight GIL called my wife, in a state of confusion and panic because she had abdominal pain. She's tried to call son but he claimed he couldn't hear her and ended the call. My wife called him and told him but he was more concerned about getting in the bath that he'd just run and said he'd have a quick wash and then go.

Son lives 5 mins from GIL, we live almost an hour away. My wife set off and arrived 5mins before he did.

IMO I think he should have POA removed from him. He clearly doesn't have GIL's best interests in mind. If my own mum was that old and in pain wild horses couldn't keep me from being straight there.

I've told my wife that she needs to get the ball rolling on ousting him but how would we do that?

Google search just tells how to obtain POA from the primary (in this case GIL)

 

[Philtor]

Need to get the Sols involved fella.

“A Revocation of Power of Attorney (also known as a Deed of Revocation) is a legal document signed by or on behalf of a person who granted a power of attorney (the donor). It states that the donor is canceling the powers that were given to another person (the attorney) in an earlier power of attorney.”

 

[Donnie Fisher]

A quick google for me suggests that the POA can be challenged, but because you are outwith the donor ( GIL ) and the attorney ( the son ) then it can cost you to make a challenge, and I expect that you would need a significant body of evidence. Your GIL can challenge without cost apparently though.

But absolutely the advice above … solicitor advice, not forum.

 

[BUDFORCE]

Her eldest son, I'm guessing your wife's uncle then?

I'd just stay out if it mate.

 

[andybird123]

As above, you need to see a solicitor, and even then the chances are extremely slim unless you can get access to the bank statements to show that he's stealing money
If/when POA is removed, GIL would then have no attorney and whoever is involved in her care will have to do absolutely everything via the court, including submitting a yearly report showing how her money is being kept/spent etc.

(my uncle blocked anyone from getting POA on my Nan right before she got her dementia diagnosed, so my mum has to deal with everything but has to do all the paperwork with the court - deputyship its called, annoying thing is he now basically has nothing to do with her and visits like 2-3 times a year at most)

 

[Resident]

Thanks guys.

You've all pretty much confirmed the fears we had about not being able to remove him. Getting GIL to do it is now impossible as she's already been declared with cognitive impairment (but apparently still fine to live in assisted housing rather than a full time facility)

As above, you need to see a solicitor, and even then the chances are extremely slim unless you can get access to the bank statements to show that he's stealing money
If/when POA is removed, GIL would then have no attorney and whoever is involved in her care will have to do absolutely everything via the court, including submitting a yearly report showing how her money is being kept/spent etc.

(my uncle blocked anyone from getting POA on my Nan right before she got her dementia diagnosed, so my mum has to deal with everything but has to do all the paperwork with the court - deputyship its called, annoying thing is he now basically has nothing to do with her and visits like 2-3 times a year at most)

Access to the bank account statements, whilst possible as they're all sent to GIL's address. Whether that would be considered lawful access is another matter.

 

[Quartz]

Looking for some advice if anyone can give it.

Speak to the Office of the Public Guardian

Office of the Public Guardian

Office of the Public Guardian (OPG) helps people in England and Wales to stay in control of decisions about their health and finance and make important decisions for others who cannot decide for themselves. OPG is an executive agency, sponsored by the Ministry of Justice .

www.gov.uk

Specifically

Report a concern about an attorney, deputy or guardian

Contact the Office of the Public Guardian if you have concerns about an attorney, deputy, guardian or a decision they've made for someone else

www.gov.uk

That goes for you too, @andybird123 .

If/when POA is removed, GIL would then have no attorney and whoever is involved in her care will have to do absolutely everything via the court, including submitting a yearly report showing how her money is being kept/spent etc.

15 years ago I was appointed - with others - as a guardian for my late aunt and we had wide leeway in our actions. We did have to submit an annual report.