Financial LPA

Lochtay

New member
Feb 19, 2019
1
0
Hi

Around 8 years ago or so and with the agreement of my father (my mum had already died), my sister set up an LPA where she, myself and my brother were the trustees.
At that time my father's mental health was ok and he was still able to make sound judgments.
Almost immediately my sister was making transactions which were not directly for the benefit of my father the donor who was living alone at the time, and monthly expenditure was exceeding my father's income.
I made my objections at the time and demonstrated how if this continued my dad's bank would be depleted within a few years.
To cut a long story short, my sister continued to use my dad's bank account for personal use and also taken more than £6k (professing that my dad had said it is ok for her to do so).
My dad is now in a very expensive private care home and I have organised his investments (registering the LPA as necessary) and am managing his money as best I can in order to pay for his care and manage expenditure. His dementia is now at a stage where he cannot make sound judgments, but I noted in January that some £300 had been spent from his account by my sister. I challenged her and she said that dad had agreed it owing to her expenses at Christmas.
My sister and I have fallen out over the years because I have challenged the legality of the transactions but she seems to hide behind a delusion of entitlement because of everything she does for dad.
In light of my dad's worsening dementia I'm thinking about contacting the Public Guardian to have the LPA revoked as it stands, and perhaps getting an independent trustee to take over my dad's finances, thus ensuring my dad's finances are safe and secure.
Is it possible to do this?
 

karaokePete

Registered User
Jul 23, 2017
6,576
0
N Ireland
Hello @John Roy you are welcome here and I hope you find the forum to be a friendly and supportive place.

I don't know the answer to your specific question but I hope you have time to take a good look around the site as it is a goldmine for information. When I first joined I read old threads for information but then found the AS Publications list. If you are interested in this clicking the following link will take you there

https://www.alzheimers.org.uk/get-support/publications-factsheets-full-list

You will see that there are Factsheets that will help with all aspects of dementia and dementia care, including Power of Attorney etc.

If you don't find the answer to your query, or aren't given the answer by someone with experience/knowledge, maybe a quick call to the helpline would assist. The helpline details are
National Dementia Helpline
0300 222 11 22
Our helpline advisers are here for you.
Helpline opening hours:
Monday to Wednesday 9am – 8pm
Thursday and Friday 9am – 5pm
Saturday and Sunday 10am – 4pm

Now that you have found us I hope you will keep posting as the membership has vast collective knowledge and experience.
 

Katrine

Registered User
Jan 20, 2011
2,837
0
England
Hi Lochtay, welcome. I'm going to play devil's advocate. You have a sister who provides care and support to your father. Over a period of 8 years your father has given her about £6K, in small amounts, at her request. This might have been for fuel and laundry costs, or birthday and Christmas presents. Less than £1K a year would probably be deemed as reasonable expenses and gifts if his assets and income are as comfortable as you suggest.

If you ask the OPG to extinguish the LPA, chances are that you'll just be resigning in favour of your sister and brother having LPA (depends on the wording of the POA). You refer to LPA and also being trustees, which are different things. If the POA is extinguished, your siblings could apply to be Deputies. If you challenge and take it to court, and an independent Deputy is appointed, it will all cost your father a great deal of money. Far more than your sister has had.

The way forward is surely to agree on rigourous accounting of financial decisions and expenditure. You've taken charge of the investments. Do you discuss this with her and your brother? Do you agree on expenditure on your father's clothes, toiletries, treats and personal care? What about birthday and Christmas money? This can continue, if he can afford it, at the level that was customary. Please don't ruin your relationship with your sister by sticking to previous patterns of sibling communication. You are all attorneys equally.
 
Last edited:

nitram

Registered User
Apr 6, 2011
30,320
0
Bury
Only your father can revoke the LPA he can't do it if he lacks capacity.

Any attorney can disclaim their power.

Anybody can report an attorney for financial irregularities.

As attorney you have a legal duty to ensure that your fathers affairs are handled in his best interests. As part of this duty you could explain to your sister that what she is doing is wrong and ask her to stop.

What does your brother, the third attorney, think of your sister's actions?