Court of Protection - protects the deputy as well.

Discussion in 'Legal and financial issues' started by KIM62, Feb 23, 2015.

  1. KIM62

    KIM62 Registered User

    Apr 12, 2008
    51
    Yorkshire
    My husband was appointed by court of protection, as the deputy to his late sister.

    For over 6 years he fulfilled all obligations, and even helped her financially when her personal funds depleted to an all time low, due to paying her own fees.

    Sadly she passed away last July. There are four benefactors to her will, my husband and his sons.

    Now all of a sudden, they are accusing my husband of lying.
    They are wanting to know where all her money went, even being question that her funeral cost of £4,000 seems too much.

    They say they are not accusing him of anything, but when 5 turn up one evening with a pile of bank statements wanting to know what her money was spent on, does that not seem like an accusation.

    I can also confirm that for the last two years of their aunties life, not one of them visited her, and she did not even get a card on her last birthday.
    Their excuse, they worked or it is sad to see someone with dementia.
    Do these people really hear how they sound.

    The selfishness goes on, my husband is due to begin radiotherapy treatment, and did they even understand and show any concern on that...No.

    I contacted the Court of Protection to ask for copies of all the financial statements we had completed, because we felt harassed by all this.

    The kind understanding lady at CoP informed me, we do not need to do any of that.
    My husband as the full backing of CoP, and if they wish to take action, let them take it to court, but any judge seeing the documents with CoP will immediately ignore the charges.
    The lady also advised me to say if they call again ' I do not have to justify myself to you'.
    So I would say to anyone, please be aware, that CoP is not just about the client, but also the protection of the deputy, in circumstances like this.

    My husband feels that they are going to try and question his financial provision to his late sister, but as this was proven to the CoP that he backed up her depleting funds, once again he does not have to justify himself to them.
     
  2. Adcat

    Adcat Registered User

    Jun 15, 2014
    289
    London
    Hi Kim62,
    How awful. I hope you and your husband are bearing up.
    X
     
  3. Chemmy

    Chemmy Registered User

    Nov 7, 2011
    7,592
    Yorkshire
    A cautionary tale indeed, and it shows we all need to choose our attornies with care. Luckily your husband's aunt picked someone who was safeguarding her interests, not safeguarding their own inheritances.

    Mentioning the 'I' word here on TP often raises passionate debate from both sides, but how often does it emerge as the main, but unspoken, reason for so much anger and stress? I am continually gob-smacked when reading how callous, money-grabbing and selfish some family members can be.
     
  4. Jessbow

    Jessbow Registered User

    I would also question how and why they have copies of her bank statements- what right do they have to those?

    I assume those making the fuss are his sons....Shame on them.
    Is your husband the executor of her will as well?

    Glad the COP are behind him. What a horrid place to be, but then you know he is a better person than them.
     
  5. KIM62

    KIM62 Registered User

    Apr 12, 2008
    51
    Yorkshire
    Reply

    Hello Jessbow

    The bank statements were obtained, as we can only guess, by my husbands eldest son who is joint executor to the will.

    Yes, my husband is first named executor.
     

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