Last will & teastament - trouble ahead?

hundredk

DVardysShadow wrote: »

I doubt it can be prevented - but as executor after death, there may be a duty to recover assets plundered in this way ????

EPA provides control over finances only in the event the person is able to look after their own affairs. I'm fairly sure that some kind of (court?) order has to be granted in the event the person is no longer of sound mind. In any event, power of attourney does not give the right to plunder assets and finances should be reasonably managed in the interest of the person who has given EPA.

If (eg) your brother sells up and buys himself a car etc for only his benefit I am sure that would have to be paid back into the estate when the relative dies, otherwise this would be a way of evading the 7 year rule?

Other posters may be able to put this better but I'm fairly sure this is the case.

googler

Lost2 wrote: »

My friends grandmother did just as the OP, her aunt talked her mum in to selling her house and move in with her and her husband.

After the grandmother past away, it was found that the daughter used her mums account to buy herself and hubbie a brand new Mercedes and BMW. That £40.ooo. was used to do the house up, and the old Ladies old age pension was paid in to daughter account.

She gave her other 2 younger siblings £2,000 each and they excepted that
the 2 other daughters did nothing about it, and yet they do nothing but complain about what the elder sister has done

Whilst the OPGs website states that the attorney must act in the best interests of the donor at all times, I'm struggling to find any references to what punishment can be levied against those who don't act in this way.....

Dalglish44

Thanks all = one worrying development I've just picked up from the OPG website is that the EPA cannot be revoked if it is registered but can be revoked if it is un-registered. This is serious because I may not be able to resolve this - my question is, how do I find out if the EPA is registered or not? The solicitor may not share this over the phone - is there an online database? Thanks

V.Lucky

I would have thought "registered" means registered with the Court of Protection. Maybe they can help you.

However to be registered with the COP you would normally find that your Mother would have to have been declared not of sound mind or similar. If it is registered your brother is accountable to the COP for all transactions, so really this is an additional safeguard for you.

poppy10_2

googler wrote: »

Whilst the OPGs website states that the attorney must act in the best interests of the donor at all times, I'm struggling to find any references to what punishment can be levied against those who don't act in this way.....

It's a criminal offence under the Fraud Act 2006, punishable by a maximum of 10 years in prison.

DVardysShadow

googler wrote: »

... Whilst the PoA seems to grant unlimited access to your sibling, you should note that he is obliged to ALWAYS act in the best interests of the donor, your mother.

While getting picky about precise words is not always helpful, here I think that 'donor' is not a good word to put into circulation for the subject of an EPA, because the mother certainly is not giving anything away eg her assets.

DVardysShadow

hundredk wrote: »

I doubt it can be prevented - but as executor after death, there may be a duty to recover assets plundered in this way ????

EPA provides control over finances only in the event the person is able to look after their own affairs. I'm fairly sure that some kind of (court?) order has to be granted in the event the person is no longer of sound mind. In any event, power of attourney does not give the right to plunder assets and finances should be reasonably managed in the interest of the person who has given EPA.

If (eg) your brother sells up and buys himself a car etc for only his benefit I am sure that would have to be paid back into the estate when the relative dies, otherwise this would be a way of evading the 7 year rule?

Other posters may be able to put this better but I'm fairly sure this is the case.

Very much my understanding of EPA. Plus I think executors do have the legal standing to make recovery of assets, if the brother buys himself a car.

poppy10_2

DVardysShadow wrote: »

I think that 'donor' is not a good word to put into circulation for the subject of an EPA.

That's the official legal term, though.

kunekune

Donor is a perfectly appropriate term, legally. She has GIVEN him, ie, donated, the power of attorney.

googler

DVardysShadow wrote: »

While getting picky about precise words is not always helpful, here I think that 'donor' is not a good word to put into circulation for the subject of an EPA, because the mother certainly is not giving anything away eg her assets.

It's the official term used throughout by the Office of Public Guardian, and appears on all the official forms and booklets.

You don't think I just picked it out of the ether, do you ...?