Power of attorney

[jenniferpa]

Just a sec - she says he gave her these premium bonds but they remained in his name? Not only do I doubt that happened, it actually can't work like that: premium bonds are held in a name, and if you want to give the underlying value away, you have to cash them in, so why wouldn't this have been done at the time of the "so called" gift? If one or more of those bonds had hit the jackpot, she would have no claim at all to that prize. She really does think that people are mugs, doesn't she?

 

[jayneebee]

Hi Jennifer,
Thats what i have asked myself. If my stepfather had wanted her to have them as a gift surely he would have cashed them in and given them to her then. And if she had had them for years, as SHE says, why wait till now to cash them in. Do you think that she thought that no one knew about them? My mother cant remember when she last saw the bonds but she said they used to count them together. I dont know, I just cant figure it out!

 

[Sandy]

Also sounds very odd if the winnings were being paid to your dad up until July

 

[sue38]

Well the will situation sounds extremely equitable, so I don't know why your step sister is being so grasping now.

If your stepfather has left his estate absolutely to your mum, then there would be nothing to stop your mum from changing her will if she survived your stepfather: cutting his daughters out and leaving the lot to you.

I wonder if your stepsister is making sure she gets her 'share' now.

 

[Sandy]

Well-spotted Sue .

It sounds like it could be a self-fulfilling prophecy if the stepsister has behaved as badly as it appears.

Funny how devious people always assume that everyone else is just as bad as themselves (meaning the stepsister - not Sue )

 

[sue38]

Funny how devious people always assume that everyone else is just as bad as themselves (meaning the stepsister - not Sue )

Unfortunately my job has given me rather a skewed and cynical view on life. People rarely come in to see me to tell me how happy their marriage is, or how well they get on with their families, neighbours, builders .... etc.

 

[Nebiroth]

She quoted to me at the beginning that 'the solicitor at the time had told her that she could do anything she wanted with the money'.

This is just not true and I doubt that any competent solicitor would make such a comment.

 

[jayneebee]

Hi Sue,
Maybe so. It certainly looks like she is trying to take more and more. There are other devious things regarding money that have been done but I dont wish to mention these on this forum. I wouldnt want my mum to cut them my stepsisters out of the will. I just want to know that the money is safe for my stepfather to be looked after and my mum to enjoy the rest of her life comfortably. I just hope that my solicitor agrees with me that I should get in touch with the COP Investigation unit.

 

[sue38]

Hi Jayneebee,

I wasn't suggesting that you or your mum wanted to cut your step-sisters out, only that she may have that suspicion.

I hope it goes well with the solicitor on Monday.

 

[jayneebee]

I'm Sorry Sue, I didnt mean that you had suggested that in any way. I was just saying that I would never have that intention. I go along with the quote by Sandy about devious people.

 

[jenniferpa]

What do her own sisters think about all this, or have you avoided discussing it with them?

 

[jayneebee]

Hi Jennifer,
The first time, about a year ago when some money was taken out, I discussed it with one sister. I was told in the first instance that the money had been taken out to pay for a solicitors advice by my stepsisters, to question the validity of me being POA!
She said she knew nothing about it but she wasnt happy that I was POA anyway and didnt really want to discuss anything to do with it.
I thought it best just to discuss it with the solicitor on monday. There has never been a lot of contact, this is one of the problems I think.

 

[jenniferpa]

Ah I understand. Mind you, I wouldn't imagine that her sisters would be pleased to hear that she was depleting the potential estate by thousands of pounds unless she's giving some of the money to them.

 

[jayneebee]

I know but I am not sure at the moment what is going on. I dont know if she has done this herself or they are all in it together

 

[jenniferpa]

Personally, if I was the sort of person she appears to be, I would be unwilling to share the "spoils" unless I was sharing the risks (of committing fraud for example), which doesn't seem to be the case here.

Still, Monday's only 2/3 days away, so hopefully talking to your solicitor will at least allow you to work out the next step.

 

[jayneebee]

I will be glad when Monday finally arrives and will let you know the outcome.

 

[jayneebee]

Hi everyone,
Well monday came at last and I got to speak to the solicitor. He advised that as this has happened a few times and the amounts have got worryingly larger, we should go to court. This means a barrister which of course is going to mean high costs but on the scale of things I think we have to do it. I hope I am doing the right thing but I dont feel as if I have a lot of choice. I did try to phone the COP but didnt really get anywhere. Thought it best to go straight on with the solicitor. Mum wants me to go with what the solicitor said too.

 

[jenniferpa]

And I think he's correct.

I know people hesitate (rightly) to go to court, but there comes a point in time when that's your only option. Let's face it, the rift can't get much worse with your step-siblings and the behaviour is worsening not decreasing, so you have to take what legal steps are open to you. It's not just about getting the money back (although that's important); it's that if you let it continue, you could be considered complicit down the line and you don't want that.

Take care and keep us posted.

 

[jayneebee]

Thanks Jenniferpa, I will do. I would just like to take this opportunity to say that I think Talking Point is marvellous for people. It is so helpful to be able to talk things through and get a differant perspective on things.

 

[sue38]

Hi Jayneebee,

I think you have to ask yourself "What would my step-father do if he had the capacity?" Would he go to court to stop his daughter taking his money against his wishes? If the answer is 'yes' then that is what you have to do.

Not an easy decision to go to court, but I think your step-sister has left you with little choice.