Has Anyone got advice?

Jules Rocca

Registered User
Dec 13, 2014
1
0
My dad has failing memory and remembers many things but not always. About 2 years ago my brother said he wanted to get a POA over dad as his wife (a professional) was not happy holding all financial/legal documents pertaining to dad. As she was a professional, dad had asked her to look after these things and be an executor in his will. At this stage dad had perfectly good memory and functioning. My brother asked me to sign an POA application and I refused.
From this point on my brother and his wife have not wanted to have anything to do with me. However I have recently discovered that my bother and his wife got a POA last year and I have been told they also persuaded dad to change his will. Dad told me on the phone that he felt he had no choice in order to continue getting support from my brother and his wife. Up to the point when they seem to have got POA (I did not know at the time) I had been concerned that my brother was organising non-registered care through one or two people that my sister-in-law knew. My brother also said he had to look after dad and had him for some meals but also took him out to expensive places where dad felt he had to pay for these meals for all my brother's immediate family. Dad is/was 'well-off'. At about the same point as getting POA my brother changed all dad's care arrangements and these are now good with registered providers. At the time I thought they had done this in response to my concerns. One of the unofficial carers was apparently demanding money from dad.
What can I do please? My sister-in-law who was a professional has recently died of a heart attack so is POA valid? My brother has refused to give me a copy of the new will and I have discovered wants to get dad into a home (he is on a waiting list). My brother has also refused to get a new POA jointly with me. But this is the last thing dad would want. Can I challenge POA and what can I do about the new will? If it is not right or appropriate for dad to be in a home I want to stop it. Also I am not sure if anything has happened to dad's savings and money.
Thanks
 

jenniferpa

Registered User
Jun 27, 2006
39,442
0
OK - you mention a POA. This was a Lasting Power of Attorney (LPA) for finances? Who was appointed as attorney(s)? If it was your brother and SIL and they were appointed to act jointly and severally, then even though your SIL has died, the LPA remains valid. Mind you has it been registered?

Is there an LPA for welfare as well?

You say you don't want your father to enter a home. What do you propose would be appropriate for him?

Sorry for all the questions but it's tough to know exactly what is going on here.
 

Cloverland

Registered User
Jun 9, 2014
244
0
My dad has failing memory and remembers many things but not always. About 2 years ago my brother said he wanted to get a POA over dad as his wife (a professional) was not happy holding all financial/legal documents pertaining to dad. As she was a professional, dad had asked her to look after these things and be an executor in his will. At this stage dad had perfectly good memory and functioning. My brother asked me to sign an POA application and I refused.
From this point on my brother and his wife have not wanted to have anything to do with me. However I have recently discovered that my bother and his wife got a POA last year and I have been told they also persuaded dad to change his will. Dad told me on the phone that he felt he had no choice in order to continue getting support from my brother and his wife. Up to the point when they seem to have got POA (I did not know at the time) I had been concerned that my brother was organising non-registered care through one or two people that my sister-in-law knew. My brother also said he had to look after dad and had him for some meals but also took him out to expensive places where dad felt he had to pay for these meals for all my brother's immediate family. Dad is/was 'well-off'. At about the same point as getting POA my brother changed all dad's care arrangements and these are now good with registered providers. At the time I thought they had done this in response to my concerns. One of the unofficial carers was apparently demanding money from dad.
What can I do please? My sister-in-law who was a professional has recently died of a heart attack so is POA valid? My brother has refused to give me a copy of the new will and I have discovered wants to get dad into a home (he is on a waiting list). My brother has also refused to get a new POA jointly with me. But this is the last thing dad would want. Can I challenge POA and what can I do about the new will? If it is not right or appropriate for dad to be in a home I want to stop it. Also I am not sure if anything has happened to dad's savings and money.
Thanks

As Jenniferpa has said if your brother and his wife have a joint and severally LPA then one attorney can continue if another attorney dies. As far as I know the donor in this case your dad can cancel the LPA so long as he still has mental capacity, likewise, with his new will, so long as at the time he knew what he was doing, but, once deemed no longer having mental capacity the will could be invalid. You would need proper legal advice on this though.

https://www.gov.uk/power-of-attorney/overview

http://www.ageuk.org.uk/Documents/E...out_your_finance_or_welfare_fcs.pdf?dtrk=true
 

Members online

No members online now.

Forum statistics

Threads
139,386
Messages
2,006,349
Members
91,138
Latest member
carrie24