I have a difficult situation with my mum and stepfather. My mum has shown increasingly poor memory over a couple of years but has become far worse within the last 3 months with 3-4 minute short term memory, personality changes and vagueness. We are awaiting follow up after an MRI with the consultant. It's clear she has dementia and is not able to manage herself on a daily basis, including medication and finances.
The situation is complicated by a step parent with a very poor financial record, employment history, and who has been dishonest with money in the past (and is somewhat secretive and controlling). Because of this the house (the vast % purchased by the sale of her previous home) and all bank accounts are in her name. He uses her bank cards to manage their finances and they have drawn down from their equity to pay for large purchases in the recent past. He has now arranged for us to see their solicitor to draw up Lasting Power Of Attorney. He has stated we will have joint LPA for care (medical), and he will have soul LPA for finances. This is causing alarm bells and I am concerned he will be able to draw down large quantities of money from the equity of the house and gift them to his son, and spend them inappropriately. He has stated in the past, he feels my mum's will should be split 50/50 between me and him (and therefore eventually his son), but as it stands I am a 60% beneficiary.
Does anyone know if an attorney can draw down of equity unchecked, or whether a system is in place to protect the estate of the donor? MY IFA wasn't sure, and it seems crazy that someone could basically take a huge sum on money unchecked. This is not just about my inheritance, this is about my mum's money being safeguarded to pay for whatever she needs, and fairness.
I want to try and appeal to him for us to have joint financial LPA but I know this is going to cause a problem with him. All this on top of the upset of my mum seems to have 'left' already. I am even wondering is technically she is lacking capacity to decide on LPA.
Any advice/support welcomed.
The situation is complicated by a step parent with a very poor financial record, employment history, and who has been dishonest with money in the past (and is somewhat secretive and controlling). Because of this the house (the vast % purchased by the sale of her previous home) and all bank accounts are in her name. He uses her bank cards to manage their finances and they have drawn down from their equity to pay for large purchases in the recent past. He has now arranged for us to see their solicitor to draw up Lasting Power Of Attorney. He has stated we will have joint LPA for care (medical), and he will have soul LPA for finances. This is causing alarm bells and I am concerned he will be able to draw down large quantities of money from the equity of the house and gift them to his son, and spend them inappropriately. He has stated in the past, he feels my mum's will should be split 50/50 between me and him (and therefore eventually his son), but as it stands I am a 60% beneficiary.
Does anyone know if an attorney can draw down of equity unchecked, or whether a system is in place to protect the estate of the donor? MY IFA wasn't sure, and it seems crazy that someone could basically take a huge sum on money unchecked. This is not just about my inheritance, this is about my mum's money being safeguarded to pay for whatever she needs, and fairness.
I want to try and appeal to him for us to have joint financial LPA but I know this is going to cause a problem with him. All this on top of the upset of my mum seems to have 'left' already. I am even wondering is technically she is lacking capacity to decide on LPA.
Any advice/support welcomed.