Hi.
My mum has vascular dementia and has lived with my brother and his girlfriend for the last couple of years. LPAs are in place for both finances and health, and my brother and I are attorneys, jointly and severally. I would say that mums mental capacity is ok for making decisions about a cup of tea, or where she'd like to go, but I'm not sure about her ability to make a decision regarding finances. She is very compliant and has always been her nature to help if possible, so I think if she were asked to lend some money or pay for something, she'd say yes. However, I'm not in a position to say if this is so, and in the time she has been at my brothers, I have not been included in any decision making or informed of any decisions made.
Recently, as attorney, I managed to get access to mums accounts and I'm shocked at the amount of money that has been spent. My understanding as an attorney, is that the only money going out of mums account is either as a (reasonable) gift, (reasonable) expenses, and for payment of bills, etc, in this case payment towards her upkeep at my brothers home. I think I read somewhere that money from mums account should 'directly benefit the donor'. I take this to mean that if spending is for mum only, that's ok but if someone else benefits then they shouldn't use the money. Am I correct in my assumption?
Unfortunately my relationship with my brother has broken down and I'm unable to discuss this with him as he takes offence at everything I say, no matter what I say, but I think some of the transactions are questionable, i.e. new sofa (full payment), girlfriends driving lessons and test (full payment). Should I give him the opportunity to explain, which is likely to end in an abusive reply, or go directly to the OPG?
Thanks
My mum has vascular dementia and has lived with my brother and his girlfriend for the last couple of years. LPAs are in place for both finances and health, and my brother and I are attorneys, jointly and severally. I would say that mums mental capacity is ok for making decisions about a cup of tea, or where she'd like to go, but I'm not sure about her ability to make a decision regarding finances. She is very compliant and has always been her nature to help if possible, so I think if she were asked to lend some money or pay for something, she'd say yes. However, I'm not in a position to say if this is so, and in the time she has been at my brothers, I have not been included in any decision making or informed of any decisions made.
Recently, as attorney, I managed to get access to mums accounts and I'm shocked at the amount of money that has been spent. My understanding as an attorney, is that the only money going out of mums account is either as a (reasonable) gift, (reasonable) expenses, and for payment of bills, etc, in this case payment towards her upkeep at my brothers home. I think I read somewhere that money from mums account should 'directly benefit the donor'. I take this to mean that if spending is for mum only, that's ok but if someone else benefits then they shouldn't use the money. Am I correct in my assumption?
Unfortunately my relationship with my brother has broken down and I'm unable to discuss this with him as he takes offence at everything I say, no matter what I say, but I think some of the transactions are questionable, i.e. new sofa (full payment), girlfriends driving lessons and test (full payment). Should I give him the opportunity to explain, which is likely to end in an abusive reply, or go directly to the OPG?
Thanks