Alzheimer's diagnosis and the ability to be an executor

[Xeenies]

Hello everyone. Hoping you can help.

My Dad has Alzheimer's, diagnosed 1.5 years ago. Dad is executor on his Mums will who has died.

Dad has his difficulties of course; particularly around anxiety and planning/ organisation but his sister and brother have pretty much written him off as being incompetent to make any decisions and are saying he can't be executor if my mum needs to help him with the paperwork etc.

My auntie is even going as far as refusing to give dad the deeds of my nannas house so he can sell it; saying he had to be able to do everything by himself.

My dad understands everything and is upset by the way he is being treated.

Does anyone know the law about this?
Surely just a diagnosis and need for help with organisation etc doesn't exclude him from having the legal right to be an executor?
Are there specific parts of the law I can quote?

It is very frustrating they just talk him down all the time but i need some advice to advise him and mum.

Thanks.

 

[Xeenies]

Extra info

Btw To add Dad is the executor for his mums house which is being split 3 ways between him and his brother and sister. His brother wants to be the executor but they're not willing to go to a lawyer. Dad and mum don't want to hand over the executor role. Dad understands what he's signing etc. Ironically if it was given to my Uncle he'd ask his wife to help him anyhow.

 

[Grannie G]

Hello Xeenies

Your dad has to be considered to have lost capacity and that is not your aunt's call , it's the consultant who diagnosed his dementia who can do this. Also your aunt would need a Lasting Power of Attorney before she can take responisibility for your dad's affairs.


https://www.alzheimers.org.uk/info/...64.1443664562.1504370498-169123727.1411656839

 

[Xeenies]

Thanks

Hi thanks for that. So in that sense does that mean she is breaking the law with holding documents from an executor?

 

[Kevinl]

Your dad has to be considered to have lost capacity and that is not your aunt's call , it's the consultant who diagnosed his dementia who can do this. Also your aunt would need a Lasting Power of Attorney before she can take responisibility for your dad's affairs.

But the aunt can't get an LPA on the late grandmother's estate which is what I (understand) you're suggesting.
Xeeniens' grandmother has passed away leaving his/her dad as an executor, but it doesn't say if he's the sole executor or shares it with the other 2 siblings.
If it is the former then legally he is the executor and only a court can take that away from him, if the three are join executors then they have to work together, some how.
The fact that "My auntie is even going as far as refusing to give dad the deeds of my nannas house so he can sell it" implies he is the sole executor in which case no one can take that over other than someone he delegates it to like a solicitor.
That's the way I read the issue, sorry if I've got it wrong.
K

 

[cragmaid]

Is your Dad the Sole Executor? If he is, then he has to decide if he wants to do all the work himself, obviously using a Solicitor for the legal side of the sale of the property, or if he wants to put the estate into the hands of a Solicitor entirely, bearing in mind that this will slow things down to an extent and will cost the estate a large fee.

If he wants to do the job himself, then he is entitled to seek assistance and aid from whomever he likes and the Probate people will be the first people he will need to contact.

If the Estate is straightforward and consists of cash/savings and property then this would not be too difficult to sort, however if there are investments as well and possibly mortgages, or Deferred Payments then it might be easier to enlist a Solicitor from the start.

I understand that you are sure Dad has the capacity to deal with this now, however, given that it could take months or even years ( it took me two years to sell Mum's house), it may be that Dad's mental state will have changed considerably before the estate is finally settled.

I think that I would try to find a way to all work together, but if that cannot be done peacefully, Dad should do his best for his Mum's memory and get legal assistance, so that there can be no arguments when the estate is divided up the way his Mum wanted.

I am sorry for your loss.

 

[caringforpat]

Lpoa

My advice would be for your dad to appoint a lasting power of attorning for Finance while he still has the capacity to do so.

This could be his children, who then are able to represent him and remove any doubt as to whether there is a capacity to understand issue as you would be representing his best interests.

This is easily done with the right solicitor and a visitor to the consultant psychiatrist who looks after your dad who will assess his ability to make rationale decisions.

We did this fairly early on in our journey and I am so glad that we did as I had to handle all of my grandmothers affairs on my mother's behalf when my grandmother passed away.

 

[Xeenies]

Thanks

Thanks everyone, Dad is sole executor. Mum hasn't approached him about POA yet. It is just a simple cash and house sale; strangely my uncle helped him to sort out cash and that's nearly ready for issuing but they've all got funny about the house sale. Mum can't cope with the pressure they're putting on her; dad got upset as they rang him and kept saying "you've got Alzheimer's... you've got Alzheimer's.." to try and convince him to hand over executor responsibilities. So mean