Power of Attorney - URGENT HELP PLEASE

Cat72

Hi
I am very sorry this situation as happend. Unfortunately I know a bit about power of attorneys for the wrong reasons.It differs from england and scotland. Once a power of attorney HAS been appointed it is very hard to over turn. The best thing is for yourself to get a lawyer. Your fathers lawyer will probably be as corrupt as he is.You have to be very very careful and good lawyer advice is what you really need. Trying to handle the situation yourself will probably turn out a disaster.Social services could apply for power of attorney for your nan to stop your father getting her money.
I was unfortunately in the situation where my aunt + cousin aquired power of attornety of my dads estate. I NEVER knew until he died. Despite the fact he had dementia I was unable to overturn his will, made out to guess who, or the power of attorney.In the end I lost my family house and £75,000. Plus I was not allowed any of his possesions or even my family photos - unless I wanted to buy them. Familys can be very greedy when money is involved. I hope everything works out ok for your nan and family. Remember what comes around goes around - I believe in Karma. ( my aunt got cheated out of the money from her own daughter in the end ha ha ).

Reed_Richards

The Inland Revenue has no powers to control gifts. It DOES disregard certain gifts for the purposes of inheritance tax but as your granfather's estate was below the inheritance tax threshold anyway then the Revenue will not get involved.

There ARE rules (or laws?) preventing deliberate impoverishment to avoid care charges. It sounds as if your grandfather might have broken these rules/laws by his "gift" to your father but as he is now dead and the money now spent then I'm not sure there is anything that can be done.

If you are prepared to deepen the rift in your family then I would suggest your best action would be to oppose the granting of a Power of Attorney to your father on the basis that he has squandered the money your grandfather placed in his care.

I'm not sure If I am allowed to recommend other web sites but the UK 'Motley Fool' personal finance web site has an excellent Discussion Board on 'Wills and Probate' in their 'Managing your Finances' section. If you posted your query there I am sure you would get more accurate legal advice.

elona

Even if you do desert us for Motley Fool, please let us know how you get on as I am sure the understanding and good will I have found on this site will help you.

Good Luck

nikkikl

LOL Elona, I won't desert MSE, too much good advice on here mate  ;) but I will definately be updating the story as I suspect its sadly not an uncommon one.

Cat72 it sounds like our situations are very similar although you clearly had more to lose which is so sad.  Families do get very greedy indeed and its a shame my dad saw fit to act the way he has as he has caused the rift but that started when my mum died and his greed became apparent.  Funny how you see people for what they are when it comes to these things isn't it?  I believe in Karma too and that's all I have to hold on to at the mo.  I will be seeking legal advice when I receive the letter that my dad has claimed I will receive from his solicitor and yes, I agree, his solicitor is probably as corrupt as he is but I shall wait to see what that little gem has to say.

Reed_Richards thanks for your input too.  The rift is so wide now it will never be healed tho I will definately be taking this further.  Dad crossed a line when he did the same thing after mum died, I will never forgive him for that and all the other nasty things he did - this is just a small sample of his appalling behaviour!!  And thanks for clarifying the Inland Revenue issue although they would have been the icing on the cake.  Dad is self-employed so at their mercy at the best of times  ;)  The good news is the money isn't spent, or shouldn't be anyway.  According to my sister, dad is keeping receipts for everything which in itself makes me suspicious of his motives as he clearly wants to legalise his theft, all he needs is the POA and bingo, the money is his!  Hmmm not if I can help it.  I would have to oppose the POA on the basis that he squandered my mums money after she died.

Once again, HUGE thanks to everyone who has contributed, you have no idea what a difference it makes to know that I can get good unbiased advice and help on here.  Keep the advice coming, every little helps!  


Nikki
x

Glad

I think you should seek legal advice before you hear from your dad's solicitor, and get social services involved too.

Edinburghlass_2

I have to agree with Glad here, by the time you hear from Dad's solicitor it could be too late

M.E.2-2

My brother and I have just arranged a POA re my mother.You have to notify certain other family members but not prove that they have recieved this notification.I agree with other posters when they say contact a solicitor now.Don't wait for a letter that might not arrive.

elona

I agree with the others. You have to seize the initiative and see a solicitor urgently.

I have a strong feeling you should contact inland revenue anyway as I really think gifts are subject to their rules regardless of size of estate.
Please contact all the professionals you can think of even if you do not believe it will make a difference.

The worst they can say is that it does not concern them and that is better than " if only you had told us at the time and now it is too late.

Bossyboots

I agree with the others here, particularly elona. Get some advice now and tell everyone who is anyone. As has been said, the worst they can say is they are not interested.

One other thing, have you considered getting the power of attorney yourself?

Reed_Richards

Elona wrote:

I have a strong feeling you should contact inland revenue anyway as I really think gifts are subject to their rules regardless of size of estate.

If you give money or property and you die within seven years of the gift then that money or property is still treated as forming part of your estate when the value of the estate is assessed for inheritance tax.

The Inland Revenue DOES NOT stop you from giving gifts; it just stops you from using gifts late in life as a means of avoiding inheritance tax. In this case, from what we have been told, no inheritance tax would have been payable even without the "gift".

I agree that Nikki needs to seek legal advice and she needs to focus her attention on the Power of Attorney issue. Her solicitor can confirm that there is nothing to be gained by contacting the Inland Revenue.