Joint EPA - Help!

LesleyC

Registered User
Jun 24, 2013
12
0
Hi, I'm new to the forum but not new to Alzheimers. My mum has been in care since about 2007 due to Alzheimers. Since my father died in 2009 we have been a family at war in respect of trying to sort out our parent's house and the contents for which I am one of four brothers and sisters with joint power of attorney. Is there anyone out there who can help? One of the sisters has accused the rest of us of mis-handling the affairs of our mother and wrote to the Office of the Public Guardian. We supplied copies of everything we had done to the OPG and they wrote back stating there was no need for further investigation - however our sister will not let this go and is determined to pin something on us if she can (questioning us in front of a Solicitor about receipts and asking why our father closed a joint bank account held with our mother 6 months before died. We honestly don't know - we know he was ill but he was in perfect mental health). We have done and will do everything we can for our mother making sure that one of us three visit her every day (the sister making allegations refuses to be involved in a rota and visits when she feels like it). We buy her treats every day and I have bought most of her clothes myself. We are confident that we haven't done anything wrong, but the behaviour of our sister is wearing us down.
We understand that we could go down the route of contacting the Court of Protection so that things can be sorted without her, but this is added expense and hassle which we don't want to do if we can avoid it. We are now at the point of winding up our mother's property, and know without a doubt that our parent's wishes would be for the contents of their home to be shared amongst the family with only the remainder sent to auction, but our sister wants everything to go to auction, stating that everything has it's price. We are worried that if we do give anything away, she will do her best to make sure we are charged with theft. Is there anyone out there that can help us understand what we are allowed to do? I have spent a great deal of time looking at behaviours on the internet and believe that our sister is suffering from Paranoia.
 

FifiMo

Registered User
Feb 10, 2010
4,703
0
Wiltshire
Did your mum leave a will? What did it say? I know wills only come in to play after someone's death, but in the circumstances you can look to it for guidance as to what the person's intentions were when it was written. You could then use this as a guide as to what to do with the contents, particularly if she wanted someone to have a particular item etc. You can then demonstrate that you acted iaw mum's wishes, which is what you are required to do under the Mental Health Act! Check also what the specific wording in the EPA gives you approval to do.

Then so far as auctions go, it is fine for large or valuable items but low value stuff you can find yourself paying out more than it is worth in auction fees!

Knowing what your Sis is like, I would use your digital camera to make a photographic record of everything that is there and annotate details of how it was disposed of. If your not under pressure to dispose of the contents I would be tempted to give Sis a taste of her own medicine. I would record everything and then tell her it's over to her to have her auction and tell her to make sure everything is documented as you have an inventory!!! Let her get on with it and apply the same pressure to her as she does to you!

Do you know what sister's reasons are for acting the way she is? Ultimately you could go back to the OPG and tell them there is just too much conflict and ask them to appoint an independent body to manage your mum's affairs. Her estate would of course then be charged the going rate for a solicitor or accountant to sort things out. It might be worth the rest of you suggesting this to Sis and telling her that this is the direction her attitude is taking you all. How then will she reconcile this and the cost of it when she herself is intent on liquid ising every asset no matter how small the amount is. So far as house contents even the Charging for Residential Accommodation Guidance ..CRAG...recognises that family heirlooms eg pictures or Jewellry do not need to be sold and can remain in the family. You might want to read up what CRAG Oct 2012 has to say about this.

Hope this helps as a starter for ten. If you can provide us with more info or need more questions answering, then just give us a shout.

Fiona
 

LesleyC

Registered User
Jun 24, 2013
12
0
Thank you for you reply Fiona, you have given me some useful suggestions. I know my parent's Wills were both the same and they firstly left everything to each other and then there are equal amounts left to each of the grandchildren. After that everything has to be shared equally between the four of us. I know both of my parents would want their possessions to go to family and it would be against their wishes to sell all of their things. I will definitely check the CRAG you refer to. We did decide that we would hand everything over to our other sister to take forward, but after passing most of the tasks to her during a meeting at the Solicitors last week, we just felt that it was wrong to allow her to do this to our family home. It just seems so disrespectful to our parents. I don't know why our sister acts the way she does, I think she has probably always been this way. If she ever visited our father in the last months of his life, although he was a strong man he would be very distressed after her visits. She withheld visits to him when he went to hospital for the last time, choosing to accuse him of many things at a time when we were struggling with the knowledge that he was dying and certainly didn't want to hear the kind of things she said. When we met with our mother's GP, our sister insisted that should our mother die attempts should be made to resuscitate her in spite of her condition. The GP said privately to my other sister (who is also her patient) that she now understood what we were up against. We have suggested having an independent body to manage mam's affairs and I thought she was going to go with this idea. She rang me and told me that she was going to stand down as POA, but after I wrote to her for confirmation of this, I saw her at the care home and she told me that she had changed her mind. We keep thinking that we can see a way forward and then we hit a brick wall. Anyway, thanks again. I will search for the CRAG tomorrow.