Good morning I trust you well my mother ...

Asked by Monique on 25-06-2021 05:41:19
Question posted in the General Law category relating to Eastern Cape

Good morning I trust you well my mother has given my brother power of attorney and we suspect that he is squandering our inheritance my mother went into a coma and was declared incompetent by medical professionals what is my recourse to ensure he is doing what is right 

Answer to the Question

Posted by Att. Patrick on 28-06-2021 09:14:20

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.

If a person (your Mom) gives a power of attorney to somebody, and then that person (your Mom) loses the mental capacity to act herself, then the power of attorney is immediately and automatically invalid.

A power of attorney is ONLY valid if the person giving the power of attorney has capacity themselves.

If your Mom has been declared incompetent by medical professionals, then the power of attorney is invalid, and your brother no longer has any powers to act in accordance with the power of attorney. 

What you need to do is to apply to court for a curator to be appointed over her to look after her needs. 

Att. Patrick 

Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.

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