Power of Attorney - URGENT HELP PLEASE

nikkikl

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.

Guys...it has just occured to me. Do you suppose my dad will apply for the POA and NOT 'declare' the 95K? If he does then the care home will know about it and make a claim on it. If he doesn't, I've got him over a barrel haven't I? When you apply for a POA do you have to detail the money you are going to look after or is it just carte blanche that you mean ALL the money that person has, ever. Surely there must be details attached to it? They must list my nans assets surely or that could be really abused? Does it go through a court?

Don't worry, I am going to make an appointment to see a solicitor this week and see how the land lies.

I did consider applying for the POA myself but I don't want that to be seen as going after nans money. I have an uncle who helped grandad lots with his finances before he died and told grandad NOT to give the money to dad. He is a sound bloke and can be totally trusted so I might suggest he can do it.

I think at the very least dad just wants to keep his filthy mitts on that money and wait for nan to die, then it will go straight to him and that 'woman' (I use the term loosely) so they can then treat themselves even more. nan is as fit as a flea so she wont be going anywhere soon LOL, which will annoy dad.

Thanks for all this input, its all seriously helpful

Nikki xx

elona

Good luck with the solicitor and let us know how you get on. It might be a good idea to contact the uncle straight away if you have not already done so.

Reed_Richards

Nikki wrote:

I did consider applying for the POA myself but I don't want that to be seen as going after nans money.

A Power of Attorney is NOTHING to do with going after someone's money - quite the reverse in fact. You have to put your own interests to one side and act in the best interests of the person concerned.

A POA could be abused if the person with the POA takes the money and spends it on himself - but that is plain stealing. A more subtle abuse of a POA would be if the person with the POA did not spend money to help the person they were caring for in the hope of inheriting that money later.

Nothing that you have said about your father has indicated that he has done anything illegal. You don't want him to have the POA because you don't feel he can handle money responsibly and because you are concerned that he may not act in the best interests of his mother. Explain this to the solicitor and see what can be done. Maybe your father and your uncle could have a joint POA?

elona

Nikki

Due to problems with the site all sorts of topics have lost steam.

I am sure that I am not the only one who would like to know how you got on.

arkonite_babe

Nikki,

I would like to know how you are getting on also. I've never been in this situation and hope I never will be. Good luck with everything and I hope it all works out for you in the end.

Nick99

At the risk of sounding pedantic, an ordinary Power of Attorney is not relevant here; it's actually an 'Enduring Power of Attorney'

The basic difference is:

- P of A normally lasts only 1 year and ceases if the donor looses their mental capacity

- EPA lasts for the rest of the donor's life (or until cancelled by him/her) and can be used even after the donor has lost their mental powers (Alzheimers, stroke, coma, etc).

Neither can be given unless the donor can actually understand the extent of the authority they are giving away - which doesnt seeem to be the case here.

To put an EPA into effect the donees (attorneys) have to give notice to in effect everyone in the family that they think the donor has lost it and if noone objects within (I think) 28 days (or maybe its 30) then the donors can send the documents to the Court of Protection. There are fees to be paid, but its more or less a rubber-stamp job.

Also: gifts over the normal £3000 pa amount can escape being charged to IHT, but only if the donor survives 7 years from the gift (though there is a sliding scale after 4 years). In the interim, the gifts are what is called 'Potentially Exempt Transfers' (PETs) - i.e. the gift is potentially exempt from IHT if the donor dies more than 7 years later

If no IHT is payable anyway (because the deceased was worth less than £263000 - shortly to be £272000 - inclding the amount of any PETs) then there will still be none payable even if he/she did give away those PETs before death.

Hope this provides some clarification at least

nikkikl

Hi Guys

Well the latest news is this... I have been to see a solicitor (using the free half an hour service) and his advice was basically just wait and see what my dad's next move is - no he wasn't very helpful. I have not had anything from his solicitor and nor has anyone else in the family. Personally I think he has had second thoughts about POA or EPOA as I reckon he realised we would object - I suspect one of my uncles has asked some awkward questions. I have spoken to my Nan about it (if you remember she has short term memory problems) and she is adamant that dad will not have her money. Now I think she must have told him that too as she has finally remembered that she has all the money 'left to her' after Grandad died. I knew it would stick eventually!! My guess is that he is going to try and keep hold of the money and wait for her to die, gruesome I know but that's the kind of bloke he is. I am going to press Nan into asking for her money back in her account, if nothing else that might spur him into action.

I am also going to grass him up to Social Services. They are having a meeting soon to decide if Nan stays in the care home or goes back to her own home - quite clearly he wants her to stay there as he has made arrangements for the stair lift she has at home to be removed and she cannot manage without that. When that meeting takes place, I will make sure they know about the money.

To be honest I am finding it hard to deal with this situation now as the contempt and hatred I feel towards my dad is growing every day. He didn't even bother to send my 7 year old son a birthday card on Monday so he is firmly off my christmas card list now.

Hi hum, families eh? (

sce37

I have been reading bits and pieces of this thread with great interest. You mentioned speaking to social services. They may well be able to intervene. If your nan is considered vulnerable under their 'adult protection' measures and that no one is considered suitable to handle her affairs then they could act on her behalf, particularly if you bring to their attention your father's actions. In that way your nan could be protected. Sorry if this has been mentioned before but have missed reading some of the replies.

Reed_Richards

I wonder if you drew a blank with the solicitor because solicitors don't like to get involved in family disputes?

I'm now confused as to what actually happened to your grandfather's money. Did he leave it to his wife (as you seem to say in your last post) or give it to your father before he died (as you said previously)?

Your father seems to have gone off the rails but at least he has siblings who seem to be more responsible. Why are they letting him get away with stuff like arranging to have the stair lift removed? Would they want him to have an EPoA?

Somehow you have to keep control of the contempt and hatred you feel for your father because if it is too obvious when you speak to the authorities it will dent your credibility. Just try to make sure that things are done in the best interests of your grandmother.

LD

Well I was looking into this last year, from what I've read your Gran is competent from time to time, and a EPA requires her to know what she is consenting too, during such a period of lucidity she is legally able to sign the document, but you would require a 'standard' doctor's form filled. else a person has to apply to the Court of Protection for the powers.

Multiple people can hold the complete or specific enduring powers of attorney, so it might be a idea for those of you who have the best interests of your Gran in mind to get together, and work out what's required, as has been mentioned discharging the EPA is a responsibility.

I found the EPA pack at Staples and the government web site useful both for what can be done and how to do it