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That is true. When I had to clear mums home after she moved into her care home I found out which solicitor she had used to make her will and went to them because I didnt want to get rid of any items that she had bequeathed to someone. The solicitor, however, wouldnt let me see the will nor would she tell me what was in it, even though I was an executor of her will. After mum died her will was released and there was nothing controversial in it at all. She had left a couple of bequests to various people and then the rest was to be divided between my brother and me.Solicitors cannot show wills to third parties including executors.
If anything happens to your brother then you will be the only person who holds POA and no-one else will be legally able to access your mums accounts - as any solicitor worth their salt will know. Its another empty threat to try and control you.he’s told me that if anything should happen to him he will give all the account access details to my sister in law who will leave them with a solicitor!
You are doing the right thing. Why shouldn’t you see that she has a good quality final phase of her life. Your brother needs a damned good wake up call to see how immoral his behaviour is. I would hate to think either of my children would ever do this to me. You are amazing and against such resistance, too. Well done, your conscience is clear.What lovely bunch of people you are! thank you for your ideas which I’m going to put into action.
im going to see a solicitor as Lollyc and others have said which I will organise after Hospital tomorrow. I need to get a copy of my poa from mum’s Solicitor so I can add my name to mum’s accounts. The only thing is i need her permission? i think the bank needs to speak to mum as Donor of poa? I’m not sure. I’ll get advice from the `solicitor.
phew a lot of work.
I do believe the 400 grand as I was with Mum when Dad’s will was read and that was roughly the amount q2 years ago.
like Duggit’s girl I want spoil Mum a bit more take her out to lunch so she can stuff herself. I do buy nice stuff for her which she loves. She has all this money and not being used to buy her a good bed, nice linen and towels….I could go on.
thank you for your help and advice.
The form doesn't have to be completed by a solicitor, your mother could complete it herself if she was capable of it. But there isn't a formal test for capacity and you are as entitled as anyone else (apart from a judge in court) to determine whether she has capacity. It might help in practical terms though if an independent person evaluated things and wrote a report. Capacity is determined separately for every decision, and by the people involved in implementing it for her. For her to be legally able to revoke her existing POA she must understand what she is doing after it has been explained to her, remember what she has been told for long enough to consider the pros and cons, and she must be able to weigh up the pros and cons of revoking the existing POA, i.e. of giving you the sack as her attorney. And communicate her decision. It sounds to me unlikely that she can do all those four things, especially the weighing up of the pros and cons. She doesn't have to be tested by a man in a white coat.ive researched the OPG and there is a form to be completed by a Solicitor that can remove an lpa at the donor’s wish. The silver bullet is the mental capacity and as mum hasn’t been tested I could risk losing the lpa. My brother would strike immediately because he would have a free hand to spend the money as he wanted.