Solicitor disagrees with court of protection

[ScaredyCat]

The actual story connected to this is far too long so I'll go straight to my question and give any background if needed.
A solicitor has grown to detest my husband and ended up going to the OPG stating he was abusing his position as financial LPA for his mum( though he wasnt even acting for her in this situation), taking advantage of her and manipulating her when the solicitor believed she lacked the mental capacity to make a financial decision.
A court of protection officer visited my MIL and confirmed in writing to us and the solicitor that she did have capacity for financial decisions, particularly this particular one.
We have since found out the solicitor has told the OPG he disagrees with them and they told him that he'll have to go to the police or social services in that case.
So my question is would police or SS even investigate this?
We're not worried at all. It's the time and energy needed to get over every hurdle this solicitor puts in our way that's so wearing.

 

[MaNaAk]

I don't have experience of this but I am thinking of you and hoping that someone who has more experience can advise you.

Hugs

MaNaAk

 

[SAP]

I think it would depend on the evidence. Neither service has the time or finance to just investigate on one persons say so even if they are a solicitor. I have worked with families where they have been totally convinced that one member is abusing power and neither the police or ss have investigated due to no concrete evidence. I hope this is the case for you.

 

[ScaredyCat]

I don't have experience of this but I am thinking of you and hoping that someone who has more experience can advise you.

Hugs

MaNaAk

Thank you very much. It's lovely to hear kind words. We are honestly and truly good people. The financial decision my MIL wanted actioned by this solicitor has now dragged on for over 3.5 years! We are going to complain to the law society but just going through 3 years worth of emails for all our evidence is taking for ever.

 

[ScaredyCat]

I think it would depend on the evidence. Neither service has the time or finance to just investigate on one persons say so even if they are a solicitor. I have worked with families where they have been totally convinced that one member is abusing power and neither the police or ss have investigated due to no concrete evidence. I hope this is the case for you.

Yes. I am thinking this. I can't imagine how this solicitor can have his personal feelings so out of control that he believes the court of protection are wrong. It makes me so angry. And that in itself makes a small win on his part.

 

[Violet Jane]

What connection does the solicitor have to your MIL and how did he become involved?

 

[ScaredyCat]

My SIL died very suddenly 3.5 years ago. This solicitor is the executor of the will. Amongst the beneficiaries were my husband and MIL. The solicitor was/is rubbish. There was nothing complicated to do and it could easily have been done and dusted within a year but he was so slow and lied and blamed everyone else for the delay until my husband got angry with him. Since then has a vendetta against him.
MIL is in a care home and extremely rich. She has helped my husband with large sums of money over the years; for example, when his ex wife kept their jointly owned house, MIL gave him half the money for his own house.
Now his mum wants her share of the will to go directly to my husband. This is done by a deed of variation to avoid inheritance tax on it; it was dictated to my husband from her and then signed by her. It is this which the solicitor objects to.
The officer from the court of protection visited her on the care home and drew the conclusions after talking to her and looking at bank statements. Shhe's in her 90s and her memory was very bad then but not her reasoning. This was a year ago and we haven't heard anything about the will. The new information has come to light because my husband's adult children hadn't received their inheritance either, or even been told by the Solicitors that they are beneficiaries. Therefore the daughter sent a letter if complaint to the solicitor and he cited this as being a reason for the delay.

 

[Bod]

Complaint to the Law Society?
Questioning the competence of the solicitor.

Bod

 

[ScaredyCat]

Complaint to the Law Society?
Questioning the competence of the solicitor.

Bod

Yes. We are in the process of doing that but we are having to go through 3 years of emails to find all the evidence. They have lied, blamed other agencies for delays, twisted words, classed our concerns as " misconceived", suggested we were being " hostile" when we wished to complain. I'm not worried about them going to the police or social services because they disagreed with the court or protection's officer who said MIL did have capacity. It's just going to provide them with more spiteful more hurdles and delays.

 

[MaNaAk]

Yes. We are in the process of doing that but we are having to go through 3 years of emails to find all the evidence. They have lied, blamed other agencies for delays, twisted words, classed our concerns as " misconceived", suggested we were being " hostile" when we wished to complain. I'm not worried about them going to the police or social services because they disagreed with the court or protection's officer who said MIL did have capacity. It's just going to provide them with more spiteful more hurdles and delays.

Hugs

MaNaAk