1. Kathleen

    Kathleen Registered User

    Mar 12, 2005
    West Sussex
    At the moment, my family are going through hell.

    My "dear" brother, who has visited Mum 8 times in 2 years, despite being less than 5 minutes away from her, has suddenly become "concerned for her financial future."

    Mum's solicitor was paid to register the EPA held by Mum's brother and my husband last April but failed to do so.

    They only discovered this when the sale of Mum's home was being processed in early February....... Uncle phoned them twice last year to check on the progress and was told it was arranged! Apparantly a locum had been dealing with it and had abandoned the process halfway through.

    Up pops my brother, knowing the house would have to be sold early this year,he has been to a solicitor and is opposing the registration on grounds that are spiteful and untrue.....

    1/ there is no plan in place to make the most money from the house sale.

    2/ the house cannot be sold to a family member at a low price........valuations were made before the price was agreed.

    3/ the house should be sold on the open market...well as my daughter and her husband have been paying a huge chunk of her fees whilst living there for the past two years, was it wrong to offer them first refusal on buying it at a fair market price also saving on estate agent fees.

    4/ he is being denied access to Mum's bank statements (true, but so are my sister and I as we trust them, as did Dad when he arranged the EPA)

    Now, Mum is in her EMI home with no funds to pay her fees after this month, if this drags on much longer, the time limit on our daughters mortgage agreement will run out and they will have to re-apply.

    I know this is a ploy to get his hands on his inheritance, he has a history of being less than honest in financial dealings, but it is so hurtful to think he can go to a solicitor pretending to be such a caring son and cause a huge amount of trouble and worry to the rest of the family.

    How much longer it is going to drag on is anyones guess.

    I am so tired and upset about everything. Mum and Dad worked so hard for so long to leave something for we three children, but to my sister and I, our inheritance, if any, comes at too high a price...........the loss of a Mum we love to pieces.

    How can one person throwing a tantrum cause so much trouble.

    The only comfort is that Mum is unaware of it all and the home is happy to keep her there until this is resolved.

    On a lighter note Bruce and co, this one handed typing took only 25 minutes, I am getting better at it at last.

    Sorry to moan, just needed to get it off my chest.

  2. daughter

    daughter Registered User

    Mar 16, 2005
    I'm so sorry you're having to cope with all this Kathleen, it seems that some people have the knack of making a hard situation even more difficult. :mad:

    Just to let you know someone is listening even though I have no suggestions.

    love from Hazel.
  3. Amy

    Amy Registered User

    Jan 4, 2006
    Kathleen love,
    you have me crying for you!
    So sorry that you are being put through this - but you will sort it. What happens now it is being opposed? Will the Court of Protection take on mum, or is there something else that can be done?
    It must be so hard on you, seeing your daughter being hurt by this too - you are being pulled in all directions. It has to be sorted one way or another though - either the POA being agreed or the Court stepping in (and they will still appoint a family member) - and when it has been you will have that brother of yours off your back.
    Take care Kathleen - you know that we are here for you - anytime you want to unload - shame it takes you so long!!
    Much love, Helen
  4. Grannie G

    Grannie G Volunteer Moderator

    Apr 3, 2006
    Dear Kathleen.

    I hope the whole family, together, can muster the strength to outwit the one family member who is trying to make life very difficult.

    Surely the solicitor, who passed the work to an incompetent locum, should pull out all the stops to rectify the errors.
  5. Brucie

    Brucie Registered User

    Jan 31, 2004
    near London
    Hi Kathleen

    such a sad situation!

    I'd be contacting the Alzheimer's Society Help Line as soon as you can on 0845 300 0336 and asking to speak to the legal expert there.
  6. lou lou

    lou lou Registered User

    Nov 9, 2005
    iF the solititors ever had a power of attornney (POA) it could not have been registred sraight away. It could be used for day to day tranactions:eek: and the like

    It is registerd when the persom can no longer play a meaningful part in decions about their futre care and money matters.

    This means you can register it now so that it becomes an endring power of attorrney. An EPOA. And all decisions can be legally made by the named attorney(ies)

    Soinds like case where the solicitors has been less than useless.

    Good Luck with it all sorry to feel you might need it.

    Kind regards

    Lou Lou
  7. Sally

    Sally Registered User

    Mar 16, 2004
    challenges to an EPA

    Dear Kathleen,

    The Court of Protection will only be interested in a genuine complaint. You do not mention what your brother is complaining about but it would have to be something like challenging your mother's capacity to sign the document (which is hard to disprove long after the event), or revealing that the attorney is bankrupt or that the attorney has been in prison for fraud.

    It will possibly go to a hearing at the Court when the Master of the Court will be assessing who is trying to act in the best intersts of your mother. It may become very clear that your brother's interests are in his inheritance which will not be looked favourably upon by the Court. If you have not heard anything lately I should telephone the EPA team and talk to someone there : 0845 330 2963 to see how the case is progressing and whether they feel a hearing is necessary or whether they have already understood your brother's motives.

  8. Skye

    Skye Registered User

    Aug 29, 2006
    SW Scotland
    Kathleen, love, lots of advice here, and I've nothing to add.

    Just lots of sympathy. Thase legal and financial matters are so stressful to deal with, and for your brother to be so unpleasant is beyond belief. It hurts so much more when it is a member of your own family too.

    Please continue to post and let us know how you get on. All our thoughts are with you

    Love and hugs,
  9. Kathleen

    Kathleen Registered User

    Mar 12, 2005
    West Sussex
    Thank you all for your support, Bruce, thank you, I will be ringing the Az helpline after work.

    The solicitors don't seem to be too worried about his complaints, in fact they think that by giving him full access to the accounts etc as they are all in order, it will placate him. His solicitor is refusing to look at them with our olicitors unless my brother is present.

    I know it won't, he will just come up with something else...for a start he will again challenge the extras mum pays for, hair dresser chiropodist etc, he has never wanted her to spend any more than she needs to.

    I honestly think he is unbalanced. He only ever hears what he wants to hear.

    As for our solicitors, they don't seem to be helping at all. We have never had dealings with solicitors before and are finding it all quite scary, even though no-one has done anything wrong.

    He has until next friday to put in his complaint and then the Court of Protection will decide wether to allow registration or not.

    Thank you for your support, it means so much at the moment.
  10. Skye

    Skye Registered User

    Aug 29, 2006
    SW Scotland
    It's amazing how unbalanced some people can become where money is concerned!

    Let's hope he backs off and doesn't go ahead with the complaint.

    Good luck,

  11. alfjess

    alfjess Registered User

    Jul 10, 2006
    south lanarkshire
  12. mel

    mel Registered User

    Apr 30, 2006
    Hi Kathleen
    i can't give you any more advice than you've already been given......
    Just want to give you my support in this
    Love Wendy

    PS....my brother always dealt with mums financial situation before she died(and for the most part I was happy with that......me and finances don't blend together particularly well!!!)
    However what I do know is that he never actually registered the EPA in court......but in spite of that mums house was still sold.....I know he used mum's solicitor for the house sale but I'm wondering if it has to be registered ?

    Take care
  13. Kathleen

    Kathleen Registered User

    Mar 12, 2005
    West Sussex
    Just tried the helpline, a very nice lady said they couldn't help but suggested we ask advice from another solicitor...........

    Now what do we do?

  14. Tender Face

    Tender Face Account Closed

    Mar 14, 2006
    NW England
    Kathleen, so sorry to hear what you are going thru -

    Sounds like the Law Society or some 'Ombudsman' should be party to this ..... if the solicitor has 'failed' - do you have receipt of that payment? - in which case there has to even be some contractual law on your side here ..... Had they carried out their duties and responsibilities at the appropriate time you would not have this to contend with now ...... (still the problem with your brother of course, but at least you'd be on a much firmer legal footing) ...

    Love, Karen, x
  15. sue38

    sue38 Registered User

    Mar 6, 2007
    Wigan, Lancs
    Dear Kathleen

    If you are not happy with the Solicitors you must do something about it.
    I would suggest that if you want to stay with your present solicitor that you raise your concerns with them as soon as possible. All Solicitors must have a complaints policy and you could ask to see that or ask to speak with the Complaints Handling Partner.
    If you have lost confidence in the firm you have every right to move your file to another firm of solicitors. A solicitor can only refuse to release the file if there are unpaid fees. In view of their failure to register the EPA despite being paid for the job (blaming the locum is no excuse) I would ask them to waive any further fees. Personal recommendation is the best way to find a solicitor or try the Law Society for a solicitor in your area who specialises. Ask the new solicitor if they will give a free half hour interview to assess if you are confident with them.
    As you might have guessed I am a solicitor and I apologise on behalf of my profession if your solicitor has let you down.:(
    I can only say that your situation is not uncommon. The number of cases we see where relatives suddenly appear as soon as there is mention of money.
    On a personal note my Dad (82 and former solicitor) was diagnosed with AD in December. I only found Talking Point on Monday after a particularly bad day with my Dad but have already found it very helpful and reassuring.
    I hope the above helps.

    Sue xx
  16. Skye

    Skye Registered User

    Aug 29, 2006
    SW Scotland
    Hi Sue

    Welcome to TP. I think you're likely to find your advice very much in demand. I hope we can give you some support in return.

    Kathleen, excellent advice from Sue. Just add that it might be a good idea to contact the local branch of AS. They may be able to recommend a solicitor who understands AD and EPAs -- they don't all (sorry Sue).

  17. sue38

    sue38 Registered User

    Mar 6, 2007
    Wigan, Lancs
    Hi Hazel,

    Thanks for your welcome. Have already found TP an amazing support - just realising that others are going through the same and much worse is a help.

    No offence taken.:) This isn't an area that many solicitors specialise in and that's why it's important to find one that does and that you have confidence in.

    Sue xx
  18. yvonne j

    yvonne j Registered User

    Mar 1, 2007
    Hampshire uk
    Have you spoken directly to the court of protection, I have only found them to be helpful. If your mum signed this a while ago when she had capacity and now does not have capacity, then it is the duty of the ones named to reister the forms with the court of protection, that way they have the duty of financial care. all the best
  19. yvonne j

    yvonne j Registered User

    Mar 1, 2007
    Hampshire uk
    to do the registration yourself go to http://www.guardianship.gov.uk/downloads/EP2.May05.pdf and print off the forms. You have to notify interested parties, who will include your brother, its the children and grandchildren of the person who you are registering for, ie your mum, any of who can object, but they have to make their objection to the court of pritection who will either uphold or turn down any objection.
  20. yvonne j

    yvonne j Registered User

    Mar 1, 2007
    Hampshire uk

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