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ASK THE EXPERTS: Is my brother doing right by our vulnerable mum?

THIS week’s experts are PAULA JAMES, a partner with solicitors Thomas Eggar in Chichester, West Sussex; ANDREW ELSON, a chartered financial planner with Beaufort Asset Management in Boston Spa, West Yorkshire; and MEL KENNY, a chartered financial planner with Radcliffe & Newlands in the City of London. If you have a  personal finance query, write to: Ask the Experts, Room 301, Northcliffe House, 2 Derry Street, London W8 5TS. Alternatively, email  experts@mailonsunday.co.uk. No original documents, please.

OK. She's an old woman. Yes, she lives in a shoe. But I've qualms about you moving her to a high rise

S.U.writes: My brother has lasting power of attorney for our mother, who has dementia.

I am concerned about some decisions he has taken.

I don’t want to fall out with him, but do relatives have the right to see an attorney’s paperwork or challenge their actions?

P.J.replies: Your brother has a legal duty to keep records of all the dealings and transactions carried out on your mother’s behalf.

He must always act in her best interests.

Your first step is to explain your concerns and ask him to produce the information you require.

If he fails to respond, or the papers suggest he is acting beyond his authority, raise your concerns with the Office of The Public Guardian.

This has the power to require him to provide accounts or documents.

If matters are serious, the Court of Protection can order the production of documents or other items in an attorney’s possession.

And it can order disclosure to family members if it thinks they might be in a better position to identify any wrongdoing.

The court can order an attorney to do something, to stop doing something or repay money to the person they are supposed to be representing. In serious cases, it can replace  an attorney with another person.

Tot’s Isa legacy

D.J.writes: I have about £5,000 of Isa savings I wish to leave for my new great-granddaughter when she is 21. What is the best way to do this?

A.E.replies: You cannot hold an Isa jointly with, or on behalf of, anyone else. To ensure your great-granddaughter does not get the money until 21 would mean withdrawing the funds from your Isa and placing them into trust.

  More... TONY HETHERINGTON: Make £3,000 in a day! Sorry, but it's a fraud ASK THE EXPERTS: Can I take my late wife's unused IHT allowance? Need legal advice? Search for a solicitor Compare the best JISA rates

But this could be expensive and trusts can be heavily taxed. If you are happy for her to have the money a little earlier, a better way might be to pay into a Junior Isa in her name.

Her parents must set it up, but other relatives can pay in up to a combined total of £3,720 per tax year. No withdrawals are allowed until 18, when the ‘Jisa’ is automatically converted into an adult Isa.

Your £5 coins are legal tender but avoid the shops

M.F.writes: I have some £5 commemorative coins. Are these legal tender and how would I go about redeeming them?

M.K.replies: They are legal tender but this does not compel retailers to accept them in a transaction. The definition of legal tender simply means the courts will accept certain forms of money as payment for a debt.

Many retailers are reluctant to take £5 coins because of their lack of circulation but you should find that some banks allow them to be deposited. Similarly they should be accepted in exchange for goods or services at main Post Offices.


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