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Discharging oneself from Power of Attorney

  • 26-05-2016 12:32pm
    #1
    Lofty123
    Registered Users, Registered Users 2 Posts: 314 ✭✭


    Hi All.

    I have been named as a joint Attorney to an elderly relative since 2007.
    However I suspect that certain decisions and financial transactions have been made by another joint attorney without consultation with me.

    I am concerned that I may, in the future, become involved in a legal dispute with the beneficiaries of this relatives will, i.e that I may be held responsible for any decisions made, even though I was not consulted.

    Does anyone know the procedure to discharge oneself from being a joint attorney.


Comments

  • #2
    Bicycle
    Registered Users, Registered Users 2 Posts: 798 ✭✭✭Bicycle


    Having had Sole Power of Attorney over an elderly relative's affairs, my suggestion would be to get legal advice FAST.

    Removing yourself from the situation may not indemnify you against what has been done while you were jointly responsible.


  • #3
    Lofty123
    Registered Users, Registered Users 2 Posts: 314 ✭✭Lofty123


    Bicycle wrote: »
    Having had Sole Power of Attorney over an elderly relative's affairs, my suggestion would be to get legal advice FAST.

    Removing yourself from the situation may not indemnify you against what has been done while you were jointly responsible.

    Thanks for the reply.

    Even if the other attorney did so without informing me?


  • #4
    Bicycle
    Registered Users, Registered Users 2 Posts: 798 ✭✭✭Bicycle


    Lofty123 wrote: »
    Thanks for the reply.

    Even if the other attorney did so without informing me?

    My view would be that as Joint Agent, you had a responsibility to find out what was going on, and seek advice if there was something untoward.

    And this is one of the reasons why I say seek legal advice immediately.

    As soon as you had your suspicions you should have acted.

    I would also be worried about the set-up if one person could act alone.


  • #5
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    Bicycle wrote: »
    My view would be that as Joint Agent, you had a responsibility to find out what was going on, and seek advice if there was something untoward.

    And this is one of the reasons why I say seek legal advice immediately.

    As soon as you had your suspicions you should have acted.

    I would also be worried about the set-up if one person could act alone.

    This is it exactly. Very good post.


  • #6
    Lofty123
    Registered Users, Registered Users 2 Posts: 314 ✭✭Lofty123


    Thank you for your responses, I have engaged an independent solicitor.


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