Rights of bank details refused by other POA

Grancan1313

Registered User
Jun 8, 2017
95
0
How do I go about requesting the bank details of my fathers account for his house sale proceeds if the other POA refuses to give details,?

we are joint and several.

my step mum will be using an account to deposit funds which my father will pay for his care.

she refuses to provide information.

what can I do ? If anything ?
Thanks
 

nitram

Registered User
Apr 6, 2011
30,303
0
Bury
The proceeds of the house sale will flow through the solicitor who will deposit them in an account in your father's name if the house was solely owned by him else they might go into a joint account with the other joint owner although the solicitor will most likely advise against this and say the proceeds should be split between the two owners.

When the solicitor sees that the LPA is joint and several (s)he may inform you as a joint and several attorney.

As a last resort you could inform the OPG that your step mum is preventing you acting in your dad's best interests. Bear in mind that if the OPG decide that both attorneys are unable to act together in accordance with you father's wishes it may ask the court to consider revoking the LPA and appointing a deputy.
 
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Grancan1313

Registered User
Jun 8, 2017
95
0
The proceeds of the house sale will flow through the solicitor who will deposit them in an account in your father's name if the house was solely owned by him else they might go into a joint account with the other joint owner although the solicitor will most likely advise against this and say the proceeds should be split between the two owners.

When the solicitor sees that the LPA is joint and several (s)he may inform you as a joint and several attorney.

As a last resort you could info the OPG that your step mum is preventing you acting in your dad's best interests. Bear in mind that if the OPG decide that both attorneys are unable to act together in accordance with you father's wishes it may ask the court to consider revoking the LPA and appointing a deputy.

Hi yes the house is jointly owned tenants in common. So he should get his share. Didn’t realise the OPG could do that! I only want to know my fathers details so I know when they are depleted and he needs to go to social services to apply for funding. Without this knowledge I am left in dark around his care needs!
 

canary

Registered User
Feb 25, 2014
25,080
0
South coast
I only want to know my fathers details so I know when they are depleted and he needs to go to social services to apply for funding.
I dont understand this. Your step mother can apply to Social Services when his funding is depleted. Are you concerned that she will take his money and then apply to Social Services? SS will do their own financial assessment and if there is Deprivation of Assets, SS will spot this and want the money back.
 

nitram

Registered User
Apr 6, 2011
30,303
0
Bury
If step mother is the other owner she cannot act for both herself and your father in the sale of the house, a trustee will have to be appointed.
The logical choice of trustee is yourself.
 

canary

Registered User
Feb 25, 2014
25,080
0
South coast
If step mother is the other owner she cannot act for both herself and your father in the sale of the house, a trustee will have to be appointed.
The logical choice of trustee is yourself.
Oh yes, I hadnt clocked that.
The trustee doesnt have to be you, of course, and the solicitor may appoint someone else (especially as the relationship between you and your step mother has broken down), but at least you can be assured that there will be someone else involved who can oversee the whole process.
 

Grancan1313

Registered User
Jun 8, 2017
95
0
Oh yes, I hadnt clocked that.
The trustee doesnt have to be you, of course, and the solicitor may appoint someone else (especially as the relationship between you and your step mother has broken down), but at least you can be assured that there will be someone else involved who can oversee the whole process.

yes she wants her neice to sign it’s onlyher family involved and no one advocating for my father or from my fathers side at all. V difficult