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Dad appointed solicitor as LPA instead of daughters

DevastatedDaughter

Registered User
Jun 21, 2021
18
0
Ps. it was a different solicitor from the one that drew up his original Will which left everything to me and my sister. They may have thought they were creating a Will rather than changing one. He probably couldn’t remember making the original one.
 

Lawson58

Registered User
Aug 1, 2014
2,503
0
Victoria, Australia
But surely you care for your dad because you are his loving daughter, not because of the inheritance when he dies.

I have left some money to a couple of charities that my children wouldn't have a clue about and it always troubles me when children think that their parents owe them something in wills.

I have left everything to my children but if I have spent it all before I die? That's how it is. I looked after them when they were babies and children and maybe one day they might have to return the favour.

I think that that it is difficult to assume that you would have known what was in your dad's mind all those years ago.
 

MrsV

Registered User
Apr 16, 2018
235
0
Northamptonshire
I have to buy whatever he needs and ask for expenses. The solicitor also instructed the clearance, marketing and sale of the family home that I lived in from age four. All without the courtesy of a phone call to let me know. I’m being treated like a nobody. To anyone who is thinking of making a solicitor their LPA to save their children the hassle, please don’t!
Oh my goodness, I’d question the solicitors lack of sensitivity to the family, and it also smacks of some sort of con. Difficult to prove as you expect a solicitor to be honest and fair and above deceit. But it sounds very wrong to me. At least raise it with the OPG for investigation, if possible. I’m so sorry you must be in a terrible state, what a horrible way to lose a parent to dementia and being cruelly treated in the interim
 

DevastatedDaughter

Registered User
Jun 21, 2021
18
0
But surely you care for your dad because you are his loving daughter, not because of the inheritance when he dies.

I have left some money to a couple of charities that my children wouldn't have a clue about and it always troubles me when children think that their parents owe them something in wills.

I have left everything to my children but if I have spent it all before I die? That's how it is. I looked after them when they were babies and children and maybe one day they might have to return the favour.

I think that that it is difficult to assume that you would have known what was in your dad's mind all those years ago.
Of course. I didn’t expect anything because until recently I didn’t know he had anything! I did it all for love. I had no idea he inherited his mums house. But now knowing how much during that period of the illness he changed, acted out of character, and changed his lifetime wishes as to where his money went..Along with the fact that there’s enough money to comfortably send both my children to university. Yes I admit.. right or wrong.. it stings that it’s going to battersea dogs home. I’m hurt and angry. Right or wrong.
 

DevastatedDaughter

Registered User
Jun 21, 2021
18
0
To me, battersea dogs home is a metaphorical “**** you”. Maybe this threads going to get moved again from legal to counselling! I think that’s where I’m heading.
 

canary

Registered User
Feb 25, 2014
15,539
0
South coast
Unfortunately, the way that the solicitor is behaving is perfectly legal. I have heard similar stories when deputyship is needed, the family have been unable or unwilling to apply for deputyship, and the Court of Protection has appointed a solicitor as deputy.
You would hope that any solicitor POA/deputy would work with the family, but legally, they dont have to.
 

DevastatedDaughter

Registered User
Jun 21, 2021
18
0
Unfortunately, the way that the solicitor is behaving is perfectly legal. I have heard similar stories when deputyship is needed, the family have been unable or unwilling to apply for deputyship, and the Court of Protection has appointed a solicitor as deputy.
You would hope that any solicitor POA/deputy would work with the family, but legally, they dont have to.
 

DevastatedDaughter

Registered User
Jun 21, 2021
18
0
I was very helpful to the solicitor, gave them house keys, all the bank account information, told them it was painful for me as it was my family home too with lots of memories. While not illegal I found it discourteous of them not to tell me it was cleared and sold.

another source of frustration is the length of time between drafting the Will and actually signing it. A period of about nine months elapsed where they sent him chasing letters. There is no way he would have proactively listed the nine beneficiaries and complicated 16 way split. They would have read it out and he would have nodded along.

As I say, I’m hurt, angry and lashing out at anyone who I can blame and right now it’s the solicitor. But as previous posters have said, I don’t have a cat in hell’s chance of doing anything about it so I’ll have to come to terms with it.
 

nita

Registered User
Dec 30, 2011
2,175
0
Essex
It does seem a bit strange that you weren't notified when the LPA was created as there is a section where the donor states people to be notified and I would have thought close relatives such as children would have to be on that list. Then you would have had a chance to challenge it. Are there any grounds now for challenging the legitimacy of the LPA on this basis? I would speak to a different solicitor myself, also about your doubts of his capacity at the time.

Do you have any medical records such as hospital or GP letters etc. from 6 years ago that would prove or suggest that he lacked capacity at that time. You need to know if the witness was a reliable person who could have assessed that he had capacity at the time as this could be challenged.

I am not sure about the procedure for changing a will but I think you can say in a new will that you revoke all previous wills. The solicitor would have had to deem him capable of doing this at the time.

Is it the same solicitor who is the LPA who made up the new will - I forget what you said.

I just wondered why you co-operated with him over the LPA at the time and didn't go into this more thoroughly then?
 

Jaded'n'faded

Registered User
Jan 23, 2019
1,953
0
High Peak
Wills are - essentially - private. Often the contents are completely unknown until the person dies. So how did you find out? Did your father tell you or did you find a copy at his house? (Or did his solicitor show it to you?)

Your father is the solicitor's client, not you, nor your wider family so there is no obligation to discuss your father's affairs with you, in fact it would actually be wrong to do so. (Imagine how you'd feel if your solicitor disclosed your affairs/decisions to a third party!)

Having said that, I completely understand how angry and upset you are. For the family home to be cleared and sold without involving you seems incredibly hurtful but the solicitor is just doing the job they were appointed to do. Don't forget, your father may have appointed a solicitor to be LPA (rather than you) to save you the trouble! You assume his intentions were 'skewed' by his dementia and you could be right but it doesn't mean he was being malicious in any way. He might have thought 'my daughter loves dogs - she'd be really pleased with this bequest!' without giving a thought to the fact that you would get less as a result. People with dementia often don't think things through although this doesn't mean they didn't have capacity at the time. (Let's be honest, some people make poor decisions all their lives... but they are legally entitled to do so!)

My suggestion is to go see a solicitor yourself (you can get a cheap fixed-fee interview) and tell them the situation. Ask their opinion as to whether you should challenge it. I don't see how you could challenge the LPA as the solicitor seems to be doing as they should. Challenging the Will would be very tricky, not least because judges only rarely overturn wills (and nt tyo mention that your father is still alive!) and that tends to be where there is a huge and obvious error. (I've been through this with my boyfriend's father's will and his step mother and believe me, fairness does not come into it. It's also hideously expensive and you could lose any 'gains' in legal fees.)

I'm really sorry this has happened to you but as I said in my previous post, capacity for making decisions in the early stages of dementia is a very grey area. It's a fine line between saving someone from their own stupidity and trampling on their human right to do stupid things.
 

DevastatedDaughter

Registered User
Jun 21, 2021
18
0
It does seem a bit strange that you weren't notified when the LPA was created as there is a section where the donor states people to be notified and I would have thought close relatives such as children would have to be on that list. Then you would have had a chance to challenge it. Are there any grounds now for challenging the legitimacy of the LPA on this basis? I would speak to a different solicitor myself, also about your doubts of his capacity at the time.

Do you have any medical records such as hospital or GP letters etc. from 6 years ago that would prove or suggest that he lacked capacity at that time. You need to know if the witness was a reliable person who could have assessed that he had capacity at the time as this could be challenged.

I am not sure about the procedure for changing a will but I think you can say in a new will that you revoke all previous wills. The solicitor would have had to deem him capable of doing this at the time.

Is it the same solicitor who is the LPA who made up the new will - I forget what you said.

I just wondered why you co-operated with him over the LPA at the time and didn't go into this more thoroughly then?
There’s no law to say children (or anyone) has to be notified. I have memory clinic notes but they don’t suggest loss of capacity. Same solicitor drew up the LPA and new will. I co-operated with them automatically but with time to think, and with the way they’ve treated me since, I’ve become more angry and it occurred to me I may have some grounds to challenge it but it’s becoming clearer from all your replies they are just doing their job. Not very well!! but doing their job nonetheless.
 

DevastatedDaughter

Registered User
Jun 21, 2021
18
0
Wills are - essentially - private. Often the contents are completely unknown until the person dies. So how did you find out? Did your father tell you or did you find a copy at his house? (Or did his solicitor show it to you?)

Your father is the solicitor's client, not you, nor your wider family so there is no obligation to discuss your father's affairs with you, in fact it would actually be wrong to do so. (Imagine how you'd feel if your solicitor disclosed your affairs/decisions to a third party!)

Having said that, I completely understand how angry and upset you are. For the family home to be cleared and sold without involving you seems incredibly hurtful but the solicitor is just doing the job they were appointed to do. Don't forget, your father may have appointed a solicitor to be LPA (rather than you) to save you the trouble! You assume his intentions were 'skewed' by his dementia and you could be right but it doesn't mean he was being malicious in any way. He might have thought 'my daughter loves dogs - she'd be really pleased with this bequest!' without giving a thought to the fact that you would get less as a result. People with dementia often don't think things through although this doesn't mean they didn't have capacity at the time. (Let's be honest, some people make poor decisions all their lives... but they are legally entitled to do so!)

My suggestion is to go see a solicitor yourself (you can get a cheap fixed-fee interview) and tell them the situation. Ask their opinion as to whether you should challenge it. I don't see how you could challenge the LPA as the solicitor seems to be doing as they should. Challenging the Will would be very tricky, not least because judges only rarely overturn wills (and nt tyo mention that your father is still alive!) and that tends to be where there is a huge and obvious error. (I've been through this with my boyfriend's father's will and his step mother and believe me, fairness does not come into it. It's also hideously expensive and you could lose any 'gains' in legal fees.)

I'm really sorry this has happened to you but as I said in my previous post, capacity for making decisions in the early stages of dementia is a very grey area. It's a fine line between saving someone from their own stupidity and trampling on their human right to do stupid things.
Hi JadednFaded. This reply and your previous post has been incredibly helpful to me, it really was a penny drop moment. You articulated so perfectly what was swirling round in my head thatI couldn’t get straight. It’s not a binary state of being.. my dad didn’t go from pre- dementia then suddenly zero capacity. There is a grey area in between and that’s when my dad acted. It’s wildly out of character but at that moment it’s what he wanted and I just have to accept that. Your post has given me some peace and I’m grateful for that. Also thanks to everyone else who has replied. Thank you Mrs V for your empathy.
 

DevastatedDaughter

Registered User
Jun 21, 2021
18
0
Hi JadednFaded. This reply and your previous post has been incredibly helpful to me, it really was a penny drop moment. You articulated so perfectly what was swirling round in my head thatI couldn’t get straight. It’s not a binary state of being.. my dad didn’t go from pre- dementia then suddenly zero capacity. There is a grey area in between and that’s when my dad acted. It’s wildly out of character but at that moment it’s what he wanted and I just have to accept that. Your post has given me some peace and I’m grateful for that. Also thanks to everyone else who has replied. Thank you Mrs V for your empathy.
Ps found the Will and power of attorney at his house.
 

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