how to change executor dementia

[Kevinl]

Wills don't count for anything while you're still alive.
K

 

[try again]

Paul, nothing can be done.
I don't know the reasons why your dad would put his money into your mother's account, they were probably valid at the time.
However the money is now in her account and therefore legally hers to spend. Sadly now that money will be used for her care
When she dies, if there is any left it will go to whoever she has bequeathed it to or default to your father.

 

[Jessbow]

A POA can operate any account for the person they hold the POA for
You dont have to list or advise of the existance of accounts.you are authorised to operate the accounts on their behalf, any account, or act for them in other matters

You seemed determined to prove that your brother is decieving someone ( The solicitor?) and am not sure why you think that , other than aggrieved because you dont have the POA yourself

 

[Banjomansmate]

Unfortunately in this scenario it doesn’t matter who earned the money. It was your father’s decision to put the money into a bank account in just your mother’s name, meaning legally it becomes hers and can only be used by the Attorney/s for her expenses now that she has lost the cognition to run her finances herself.
If they live together then I imagine Mum’s money (that is to say money from her single named account/s) can be used to pay half of the household bills.
If Mum is in residential care then her money has to be used to pay for that until “her“ savings reach the limit when the LA start to contribute. Then the LA will be wanting to see bank statements from some while beforehand to check that there had been no deprivation of assets.
If it had been the other way round, that it was your father who had dementia, his money being put into his wife’s name could have been considered deprivation of assets, that is to say although it was his earned money it was put in your mother’s name to avoid it being used to pay for his residential care in a care home! Don’t get me wrong, I’m not saying this is what happened, just pointing out how a LA might consider it!

When LPA is put in place nobody other than the Attorney/s need to know what finances the donor (your mother) has. Deputyship is another matter, then annual returns have to be sent to the OPG and expenditure listed.

 

[Bod]

Nitram first,
So my fathers money, which he has worked hard for all his life, is stuck in my mothers account? But if he has a card with rep on, he can get money out of the hole in the wall? And surely go to the bank and transfer his own money from my mothers account to his? As my father basically paid for everything for my mother. What if the brother has deceived the solicitor, and not told about three of my mothers accounts? Not that in and way he would touch them.But still, they should have been told to the solicitor, and about my fathers money in my mothers accounts, as if I had known, I would have told him to take out.
I live in England, mother and father Wales.

All, not looked into this before, ad you were right, but now understand the difference between POA and executor.
Paul.

Paul
This money of your fathers, that sits in your mothers account.
Can your father show with written proof where it came from? How did he get it?
Why was it put into mothers account?
How much effect to mothers assets would happen if this money was moved?
The answer to these questions will show whether or not the Local Authority financial assessment need to take this money into account.

Bod.
Ps Paul, if this money is in anyway "bad" it could open your father to trouble. (hidden from the taxman?)

 

[Scarlet Lady]

@Bod , with all due respect, maybe this is complicating things a little. At this point in time, we have no idea whether or not the LA would ever need to be involved at all, let alone considering deprivation of assets or if ‘bad“ money is being transferred between accounts.
I am curious as to why @PaulOils is so concerned about the dividing up of his parents money. Regardless of who earned what, I would have thought it commonplace for happily married couples to share their money and indeed, because of U.K. tax laws, it’s often been the case that men might (quite legally) transfer money into their wife’s accounts to take advantage of tax breaks. It sounds as if @PaulOils parents could have been in that situation. It does mean that the income in those accounts will become that of the wife, but if people are thinking of their income as joint, they’re probably not too bothered about that. They would probably take the view that care would be paid for from their joint income, whose ever account it comes from. I acknowledge that this may be a short sighted idea in today‘s world, but our previous generations were living in more innocent times.
Obviously, I don’t know why @PaulOils is so uncomfortable about his father and brother having access to his mother’s money. This seems a normal state of affairs to me and he has admitted he doesn’t believe either would not use her money to pay for her care. If, in fact, his dad did empty his mother’s accounts into his own in a bid to deprive her of assets for her care, then that would be a matter for the OPG,, but at the moment, this doesn’t seem likely.