Revocation of POA

HeatherSp72.10

New member
May 18, 2023
6
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Hi bit of a long one here...

My father was admitted to a care home in 2020 after years of looking after my mom with Dementia unfortunately he began to show the symptoms much earlier and after a diagnosis he needed 24hr care.

My brothers both had POA put in place in 2015 due to mom's diagnosis and just in case it happened.

We were put on Covid funding as it was just when covid began so all costs were met. We had various financial assessments done but never had any outcome from this and lack of contact and discussion with the County Council meant that many issues were not addressed and to be honest we felt we just didn't have the support needed.

Cutting a long story short. In 2021 we were told covid funding had stopped dad was fully responsible for his care due to savings and property. We had some financial assessments done and one of my brothers didn't send in statements and I chased them for a period of over 6 months. This resulted in arrears building up, concerns by the Social Services and unfortunately reassessments having to be redone.

In 2022 after finally receiving some statements, we were asked by the financial assessment teams for receipts for dads house which we were renting out, my brothers had used friends to do the remedial work and as such cash was exchanged and receipts weren't kept. We had a lot of work done approx. 15k worth of work with only half of the receipts being kept. I think as a result of this lack of information and issues with the communication/relationship with assessment team we were reported to the OPG.

Investigations began with the OPG in August 2022 and we complied 100% where we could with information and receipts/discussions etc. I dealt with the OPG as both my brothers don't really have business experience.

In December 2022 communication ended and we never heard anything until this week when we had a Directions order from the court revoking both LPA that both my brothers hold, I was also mentioned in the DO as I obviously have dealt with the OPG.

I suppose my question is - if we are agreeable to the LPA being revoked in support of the COP holding LPA for my Dad the solicitor in question but what would be our rights if we don't oppose the decision?

From a financial perspective we know we are at some fault due to just simply being inexperienced and I suppose not holding correct records, but money hasn't been gifted or used for personal expenses we just have been bad at record keeping and keeping accounts.

Thanks for reading and giving me advice.
 

Sarasa

Volunteer Host
Apr 13, 2018
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Nottinghamshire
Welcome to Dementia Talking Point @HeatherSp72.10.
I'm sure others that know more about such situations will be along soon with their suggestions, but as this sounds quite a complicated matter I think it would be a good idea to contact the Support Line and talk to them.
 

nitram

Registered User
Apr 6, 2011
30,738
0
Bury
what would be our rights if we don't oppose the decision?
The same as anybody else without an LPA or deputyship, no authority to handle his finances.

If there was not a hearing you have 21 days to ask the court to 'reconsider',
it's hard to see what evidence you can produce in support of this request.
 

HeatherSp72.10

New member
May 18, 2023
6
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The same as anybody else without an LPA or deputyship, no authority to handle his finances.

If there was not a hearing you have 21 days to ask the court to 'reconsider',
it's hard to see what evidence you can produce in support of this request.
I don't think we are going to oppose it as we know we don't have a resource to fight it but if for example things need doing on dads home which is rented out how do we manage it do we just direct our Managing Agents request to the solicitor ? Things like clothes/personal items do we just ask them to do it all ?
 

canary

Registered User
Feb 25, 2014
25,456
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South coast
I don't think we are going to oppose it as we know we don't have a resource to fight it but if for example things need doing on dads home which is rented out how do we manage it do we just direct our Managing Agents request to the solicitor ? Things like clothes/personal items do we just ask them to do it all ?
Yes, everything will have to go through the solicitor.
Also, be aware that the solicitor will have the authority to decide whether or not to continue with renting out the house or whether to sell it or not.
 

HeatherSp72.10

New member
May 18, 2023
6
0
Yes, everything will have to go through the solicitor.
Also, be aware that the solicitor will have the authority to decide whether or not to continue with renting out the house or whether to sell it or not.
Hi yes I have been made aware of this but I can oppose to sell at full market value instead of the 85%. I have done alot of research into some rights. Do you know at what level they may insist on a sale. Deferred payment arrangement has only been in place since Feb ?
 

nitram

Registered User
Apr 6, 2011
30,738
0
Bury
Hi yes I have been made aware of this but I can oppose to sell at full market value instead of the 85%. I have done alot of research into some rights. Do you know at what level they may insist on a sale. Deferred payment arrangement has only been in place since Feb ?
The solicitor (probably COP deputy) now has full control of all financial matters.
You and the former attorneys have no say.

Edit
I'm assuming your father has sole ownership of the house.
 
Last edited:

HeatherSp72.10

New member
May 18, 2023
6
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The solicitor (probably COP deputy) now has full control of all financial matters.
You and the former attorneys have no say.

Edit
I'm assuming your father has sole ownership of the house.
Yes dad has full ownership no mortgage and tenants in situ
 

nitram

Registered User
Apr 6, 2011
30,738
0
Bury
Yes dad has full ownership no mortgage and tenants in situ
Then what happens to the house is entirely in the hands of the solicitor acting on behalf of the court.

To sell the house they will have to settle the loan from the LA to remove the charge on the house, they will determine the value by obtaining several valuations.
 

HeatherSp72.10

New member
May 18, 2023
6
0
Just an update on this and some advice please. We had the outcome of the investigation and they are looking to revoke the lpa and place a solicitor in charge.

One of my brothers who had original lpa hasn’t even bothered replying to any of the court documents

The other had agreed on the COP5 (AOS) to the solicitor taking over but I have agreed to the revocation but have requested to be a deputy.

We now have a hearing for 4th October where me and my brother can give our opinion. To be honest neither of my brothers have spoken to me since this happened like it’s my fault yet I have been the one trying to keep something of my mum and dads legacy in our family decision making process but I am losing interest now and just really want to look after my dad and be with him until it’s over. The money side is exhausting and after a year has taken its toll on me but I don’t know what to expect in this hearing ?

I fought this as I didn’t have LPA but now I wish I hadn’t and might just hand it over

Is it hard dealing with a solicitor as LpA for your parent or is the process more difficult I know it’s money consuming
 

Louise7

Volunteer Host
Mar 25, 2016
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Is it hard dealing with a solicitor as LpA for your parent or is the process more difficult I know it’s money consuming

Hello @HeatherSp72.10 if the LPA has been revoked by the OPG then the solicitor would, I think, have to be appointed as a deputy, not LPA. It sounds like the reason for the court hearing is that you have requested to be a deputy - are you wanting to work alongside a solicitor as joint deputy or do you want to oppose a solicitor being appointed and be sole deputy yourself? You mention that you just want to spend time with your dad now, and the money side is exhausting. I understand that being a deputy involves a lot more work than being an attorney as accounts have to be completed and submitted regularly, and receipts kept, to account for all spending, so it involves quite a bit of paperwork. The court will decide whether a solicitor or someone else is best placed to act as deputy, but others here with more experience of the deputyship court process will hopefully be along with some more information for you about how the process works.
 

HeatherSp72.10

New member
May 18, 2023
6
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Hi thanks for your reply I want to work with them as deputy not sole deputy . I’m happy to complete paperwork (my job is quite commercially astute anyway) and as I understand any decision would need to be made via the solicitor anyway . I just sometimes wonder if I have bitten off more than I can chew by doing this course of action.