Confused about a will

[Sandvikgabs]

I agree with 2jays he seems totally unsuitable to be a magistrate if this is an example of his moral and ethical judgement. Thank goodness you are sole executor when the time comes your mum knew she could have total trust in you to handle her affairs correctly. Please, take steps with the evidence you have to get him removed as your mum's attorney let him bluster and get angry...tough!

I'm not sole executor sadly, brother is as well but that's another fight for a later date I suppose!
I made a mistake when the POA rep came to see mum for a mental capacity test, at the end of the test she took me to one side and asked me what outcome I wanted at the end of the investigation. I said I just wanted him to put the money back. Thinking back now I think if I'd said I want him removed as an attorney they may have done so. If I'd had a crystal ball and seen appeals going in etc I would've done but hindsight is a wonderful thing isn't it and we all want to think better of people don't we? especially a sibling.
How he behaves from now on though I think they'll have no choice but to remove him especially if he starts kicking up a stink about how they run their business. (He's already told them they're in the wrong and that they're invading on family privacy) He's digging his own hole so letting him carry on to be honest.
His battle is with POA now and it's one he won't win. I have their back-up, mums money is safe and SS are aware so he can't touch mum at all. I've a feeling he may take himself off as an attorney at some point because quote "What's the point being Power of Attorney when I have no power" Nice eh!

 

[love.dad.but..]

Sorry I must have misread the sole executor bit. Never mind as executors you have to be in agreement and if the other formally surrenders their executor role one can act on their own, obviously your brother Ian't going to surrender his role but don't let him bully you against your instincts but as you say that's for another day. Maybe taking it back to the OPG and saying that clearly as he is appealing their decision he even now does not understand or accept the legal responsibility and duty of care to your mum he should now be removed.

 

[Sandvikgabs]

I'm willing bet he has different rules when someone on trial (or what ever it's called in a magistrates court) is doing exactly/similar as he is doing.....

Because he does know the rules when it concerns "others"




Sent from my iPhone using Talking Point

Absolutely, he was very proud in telling me a few months ago that he sent a solicitor home (who was defending a client) because she was dressed inappropriately (apparently dark Burgundy trousers instead of black!!!!!) The case had to be postponed. Want to swear but won't!

 

[Kevinl]

I think if I'd said I want him removed as an attorney they may have done so.

I don't believe that can happen. My understanding is that a POA can only be changed by the "granter" or has to be revoked and a new one made and it sounds like your PWD no longer has the capacity to do that so you would have to go down the Court of Protection route.
That's the situation as I understand it.
K

 

[Sandvikgabs]

This "solicitor friend" also should be named and shamed, and if indeed there is a loophole, then it should be firmly closed. I wonder how many other greedy relatives are being advised to keep their relatives "out of the system"
Your brother certainly should not be a magistrate if he is willing to break or bend the law for his own gain. I am shocked!

Hi Tigerlady, Yes I agree, they only meet in the pub apparently not on an official capacity but even so. I'm wondering whether this 'friend' is now wishing he'd kept his mouth shut. I also wonder about his other circle of friends, has nobody said, "You can't do that?"
Anything I can do is all hanging on whether he wins the appeal.
IF and a big IF he wins this appeal I'm sure the papers would have a field day. Can see the headlines now "Doting son robs mother with Dementia of thousands"

 

[2jays]

Headline

Magistrate robs mother.....



I have a handy stirring up trouble spoon if you need it


Sent from my iPhone using Talking Point

 

[nitram]

My understanding is that in cases of serious misconduct the COP can remove an attorney and leave the rest of the POA intact. I think they can also remove the person from any list of joint attorneys if necessary.

 

[Sandvikgabs]

I don't believe that can happen. My understanding is that a POA can only be changed by the "granter" or has to be revoked and a new one made and it sounds like your PWD no longer has the capacity to do that so you would have to go down the Court of Protection route.
That's the situation as I understand it.
K

Yes you're right, POA told me that if he didn't put the money back they would take him to court to do so. They also said that (the back-up attorney if anything happened to me) could step up as an attorney because mum knew well and already approved if they revoked his.They also said that I could remain as an attorney on my own without having to go through court of protection.
All this was said during the investigation in case they had to take him to court.Now the money is back if I decided I wanted him removed it would go through Court of protection like you say, but if they remove him it won't.

 

[Sandvikgabs]

Headline

Magistrate robs mother.....



I have a handy stirring up trouble spoon if you need it


Sent from my iPhone using Talking Point

Ooh yes that's better, will let you know if I need your spoon

 

[Dirtycash]

Yes you're right, POA told me that if he didn't put the money back they would take him to court to do so. They also said that (the back-up attorney if anything happened to me) could step up as an attorney because mum knew well and already approved if they revoked his.They also said that I could remain as an attorney on my own without having to go through court of protection.
All this was said during the investigation in case they had to take him to court.Now the money is back if I decided I wanted him removed it would go through Court of protection like you say, but if they remove him it won't.

COP said he just had to put the money back?

 

[Dirtycash]

As the will doesn't come into effect until the owner dies, its should, In effect, be in a sealed envelope until then. No one should really even know what it says, let alone gain from it.

She may yet need the funds for care home fees

He wont have a leg to stand on

The property (house) in the Will becomes invalid, if it had to be sold for care home fees.

That’s what happened to ours, they said.

 

[wilko73]

I recall somebody else trying that,he was an ex solicitor and had lpa for a lady that was a friend and said it was her wishes that her money and savings where not to be taken by the LA so in him taking her assets (cash and a home)he said that he was only fulfilling her best wishes as that's what she wanted.

 

[Shedrech]

this thread is now closed as the original discussion has run its course