1. drcallycat

    drcallycat Registered User

    Feb 3, 2008
    1
    Leeds
    I am currently the power of attorney for my gran who has vascular dementia. I took this role over last year from my father who had been stealing her money for over 5 years. He organised a will for my gran in 1998 and he is executor of that will. Given the recent circumstances I wondered how to go about changing this so that I can be executor. I would actually like to withold the £47,000 he took but I don't think I am allowed to do this and my gran would not want this. The solicitor has not been very helpful and said that a new will can be made but my gran no longer knows who people are, so this would be difficult. Does anyone have any advice regarding this issue?

    Thanks.
     
  2. Brucie

    Brucie Registered User

    Jan 31, 2004
    12,413
    near London
    This is such a difficult one from all angles.

    Basically you need legal advice.

    Try the CAB perhaps, or the legal advisor at the Alzheimer's Society? Try anything, basically, so perhaps also Age Concern.

    You do not explain how you came to take over the Power of Attorney from your father.

    As far as I know, changing the will of someone who is no longer capable of comprehending is an unlikely thing to be able to manage.

    Legal advice, I think, and a change of solicitor for a second opinion?
     
  3. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,439
    I vaguely remember from the COP website that it is possible for someone who has lost mental capacity sufficiently to require the activation of an EPA may still have testamentary capacity. It doesn't sound like this is the case here though. Assuming you were replaced by the court because of misappropriation of funds by your father, I don't really understand why there wouldn't be case for repayment of those funds while your grandmother was still alive - wouldn't this have been fraud? With regard to the will though: although I can understand why you would like to do this, I don't think you have any avenue to explore. Unlike attorneys who may be disqualified because of financial misdeeds I don't think there's anything that states that someone has to have a certain level of probity in order to be an executor. The only other way I can think of getting this particular chicken to come home to roost is to sue your father on your grandmother's behalf (expensive I would imagine) or in the event she needs financial assistance from the local authority, hope that they go after him for intentional deprivation of capital.
     
  4. citybythesea

    citybythesea Registered User

    Mar 23, 2008
    632
    coast of texas
    In the US if you have a Durable Power Of Attorney and have all rights given then you have the right to handle - Estate, trust, and other beneficiary transactions. But if you hold that power of attorney you must treat it in a fiduciary manner. Any changes you might be allowed to make could NOT benefit you. You may change her will but could not take him out totally, tho if he is executer you could change that but not to yourself. A lawyer would be the best bet to keep it on the up and up. I would discuss this with a lawyer and I would make sure it is a lawyer who specializes in estates. As her holder of the power your right would be to sue on behalf of your gran, while she is alive, to recoup what has been taken otherwise chalk it up to life.

    A POA is great to have for all other purposes except for what you are talking about, then you get the he/she said thing and if you do not watch out you will set yourself up to be in an awkward position also.
     

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