Power of Attorney - URGENT HELP PLEASE

elona

Bossyboots

I may be wrong but I am fairly sure that the inland revenue will only let you make gifts up to a certain amount per year and the sum mentioned is at least ten times this amount if not more.

If they think there is tax evasion his dad is really in trouble as he will not be able to sweet talk them.

nikkikl

Thank for your help everyone. Soooo...

I will see a solicitor and get my free 1/2 hour and see what they say.

The care home are aware of Grandad's death AND they think Dad is "dumping Nan in a home so he doesn't have to take responsibility for her" - my Nan's primary carer actually said that to me, you see Nan could actually go home with the right care package in place. Me and my sister have explained exactly what Dad is like to them and they agreed - they even notice the HUGE bling watch that has appeared on his wrist (gold and diamonds) and the fact that he driving a Merc - they pointed the watch out to us as they thought it was suspicious - that's even before we told them anything. I'm guessing a lot of this kind of thing must go on as they seem very clued up and are clearly watching for things out of the ordinary. So, informing social services about the money will, i think, be relatively simple.

I know Grandad did commit the original offence, although there is no way he would have known he was doing so - if he thought what he was doing was illegal he would definately not have done it. But he was certainly coerced into doing it by Dad. Grandad was told quite clearly not to let Dad have the money (he originally tried to get Grandad to open a joint account with him but Grandad refused) by various people and Grandad knew what Dad was like - he was disgusted with the way he behaved after my Mum died. But Dad is an only son and I guess that when you are lying in hospital dying of cancer and in pain, you don't really think straight and he might have signed it over just to shut him up.

The funeral is this Tuesday. I am gonna put the wheels in motion after that out of respect for Grandad although I am sure he is looking down on his son, absolutely horrified at what he is up to. Bl00dy families!!!! >:(

Nikki

Bossyboots

Bossyboots

I may be wrong but I am fairly sure that the inland revenue will only let you make gifts up to a certain amount per year and the sum mentioned is at least ten times this amount if not more.

If they think there is tax evasion his dad is really in trouble as he will not be able to sweet talk them.

Actually thats a very good point. I was interrupted by a neighbour in the middle of checking that and should really have gone back and finished looking but I had to go out.  I will try to establish the proper position later.

Now it has been explained a bit more, I think there may be some mileage in involving the police. This will of course destroy any relationship between the OP and their dad but if grandad was pressured into signing the document while he was so ill then that raises other questions, not least as to whether it is valid at all.

nikkikl

Actually thats a very good point. I was interrupted by a neighbour in the middle of checking that and should really have gone back and finished looking but I had to go out.  I will try to establish the proper position later.

Now it has been explained a bit more, I think there may be some mileage in involving the police.  This will of course destroy any relationship between the OP and their dad but if grandad was pressured into signing the document while he was so ill then that raises other questions, not least as to whether it is valid at all.

Ordinarily Bossy this would be true but after what that man did after my Mum died (and there is an awful lot more but not enough room to tell it all) I will never ever forgive him. I hadn't spoken to him for 3 years, only just speaking to him now as Grandad died and he only had me to call as my sister was in Canada. After the funeral, that is it between me and my so-called Dad, he will be out of my life again.

Just to clarify, he didn't sign a document as such, Grandad wrote him a cheque for 95K. I assumed that as Grandad just 'gave' Dad the money there wouldn't be much I could do. If I can involve the police, I might do that but the only relationship I don't want affected is the one with Nan as she is all I have left. She dotes on Dad and the sun shines out of his !!!!!!. However I have told her that he has her money and she got quite annoyed and told me to tell him to give it back before he spends it. That would be great but she forgets the conversation 2 minutes later bless her so she's not going to be any use to me here!

Nikki

elona

I am sure the inland revenue will not let your dad have this amount of money as a "gift" see what the solicitor says.

Edinburghlass_2

Can I just say that a Power of Attorney is not the easiest thing to get either. I got one for my Aunt when she went into long term hospital and fortunately as she was mentally okay it still required the lawyer to visit her in the hospital and to speak to both a doctor and the sister. The lawyer had to ascertain that my Aunt knew and was happy with me looking after her affairs. It then had to go to officialdom to be rubberstamped.

I think too, it is ever more complicated when the person is not mentally able.

However this is Scotland and English law may well be different.

Glad

there are a lot of rules and regs in force to prevent people from handing over large sums of money to relatives in order to stop it being used to pay for care etc
hopefully a solicitor will advise you on these
as your dad has mentined what he is about to do, why not say to him "well don't spend any of it yet as you may be sued and made to repay it if the authorities decide it rightly belongs to Nan" this may be enough to stop him spending yet

nikkikl

Thanks for your help guys, I can sleep easier now I know that he can't just run off with the money and spend it on the gold-digger girlfriend. I feel much better and I am pleased that obtaining Power of Attorney isn't straight forward. He knows that members of the family (not just me and my sister) are watching him but most of them live miles away so it looks like we are going to have to do this on our own. I will go and see a solicitor this week and see how the lands lies and report back. Hopefully after the funeral on Tuesday I will receive a letter from his Solicitor and I can take it from there.

Once again, thanks to everyone for the help, keep the suggestions coming if there are any more thoughts!

Nikki
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elona

I just realised that today is the day of the funeral so wanted to send you my sympathies.

Good Luck with the solicitors and let us all know how you get on.

I am sure I am not the only one thinking of you today.

nikkikl

Thanks elona, that was very sweet of you xx.

Everything went well even though seeing the woman made my blood boil, but I will have the last laugh. Still waiting for the letter from Dad's solicitor about the POA and nothing has materialised yet.

No doubt I will be screaming for help should anything happen!

Nikki
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