Power of Attorney - URGENT HELP PLEASE

elona

Nikki

I think both the people above have made some good points. If your gran actually wants to go home and is able to do so if it were not for the fact that your dad has had the stairlift taken out then I am sure social services would have to be told.

I also think you should get together with your uncle and perhaps other relatives re Power of Attorney. I know legal advice can be expensive but if anyone concerned has a certain type of life insurance then legal expenses can be free up to a certain amount.

I also know £95K is not enough to qualify for inheritance tax but what about the house,insurance policies ,car, jewellery ,stocks etc that might take the estate up to the tax threshold?

It might be an idea rather than telling a solicitor what the family does not want to happen that you present a united front and tell them clearly exactly what you want so there is no misunderstanding.

I am still wondering why your dad has had the stairlift taken out and if he intends to let or sell the house.

Apart from all the legal considerations it must be a horrible feeling that your remaining parent does not seem to give tuppence for your family and especially your young son.

Good Luck and let us know how you get on.


I suppose it would be unprincipled to tell your dad that your gran has won a money makeover from Martin and a tv crew will be arriving to film the advice she gets re tax etc?

nikkikl

Hi guys

Yes Reed, my fault as its getting slightly confusing - I keep talking about what is and what should be - two different things of course. So, to recap..

Dad badgered Grandad to sign over £95K of his money (which was of course also Nan's money, it was in a joint account) when he was days from dying. Everyone told Grandad not to do this and Grandad resisted for ages but in the end he relented - well you would wouldn't you? At this stage he was very seriously ill with stomach and liver cancer. Dad had been on at him though for a long time to sign the money over to hide it from Social Services. So the money, which is rightfully Nan's is now in dad's bank account where he is 'looking after it'. Hmmmmmmm. So whilst Grandad didn't actually leave it to Nan, he assumed that his son would of course sort it so she reaped the benefits and it would be used to look after her when he had gone. So, my scheming sh*t dad has the money sitting in his bank account and that's where we come in here.

Unfortunately, he has no sisters and brothers, literally the only family left that are within any reasonable distance consists of me and my sister. My sister is emmigrating to Canada in a matter of weeks so that leaves just me. My uncle (who I mentioned had looked after Grandad's finances and advised him before) lives bleedin' miles away from us in Norfolk and has already said he doesn't want to get involved in family disputes. What he is talking about is the fact that after my mum died 3 years ago and dad walked off with 100K straight into another relationship, I refused to have anything to do with dad. When Grandad was dying I put aside my loathing of the man, for Grandad's sake, and Grandad died thinking we had made up. Not a chance, I hate him and always will.

LD - the comptence thing is an issue. She is indeed extremely competent and certainly is with money but she forgets almost instantly so I guess the word competence is kind of right, kind of wrong - I don't exactly know what you would call it? If she were presented with a gas bill, she would still be able to make arrangements to pay it if you stood there with her and did it straight away. If you left the bill on the side, she would instantly forget it or likewise she might pay it over and over again as she would have forgotten she had already paid it. if that make sense!

The house they lived in is a council house that is being held until the decision is made as to whether nan can go home or not. The stair lift was put in at grandad's expense BUT the good news is that dad cannot find the paperwork for the company that installed it (because I have hidden it LOL - nipped round there the other day when I got wind of what he was about to do) and he cannot have it taken out until he does. One nil to me. Dad is keeping his distance from me and there HAS to be a reason for that - he thinks we are mates so its not the old argument that keeps him away. He knows I will steam in and ask some uncomfortable questions whereas my sister won't. I am in no doubt that he is up to something that he would really rather I didn't know about. He is not intelligent enough to put one over on me and he knows that.

Regards Social Services - I have had a brainwave, can't believe I didn't think of it before. Grandad was very good friends with the lady that is the overall manager of the care home that nan is in and I am sure she would be horrified to hear this story. So I am going to tell her about the money and ask her to notify Social Services. Dad won't know that Grandad didn't tell her about the money anyway and who knows, he may well have done for all I know!

Elona - you have an evil mind and I am feelin your way of thinkin sister! :cool: LOLOLOLOL.

BIG BIG thanks to you all guys, you really have no idea how much this helps me. There are some pretty twisted people in my family and I question my own sanity at times but your kind words and huge help has made me feel a million times better and gives me the support I really need.

Kisses to you all

Nikki

Galtizz

This is the first time I have read this and I have scan read it because it's so long and I was getting madder as I read every line, so I apologise if this has been said before and I missed it.
As you say your Gran is still competent (of sorts) would it be possible for you to get her to the solicitors and to cancel the exisiting POA, before your Dad envokes EPA, and for you to get POA for her instead?
I hope you get is sorted, it is such a shame that people take advantage of these things which should be there to protect us as we get old, I hope it never happens to anyone on here.

elona

Good idea to contact manager of the home as it keeps you out of it for now.


Let us know how you get on eventually.

I must admit I am mystified as to why your dad wanted the stairlift out unless to keep your gran in the home. I am presuming he could not sublet it or have a right to buy from the council? Now there is a thought!

Did you know Martin is looking for volunteers for a money makeover?

nikkikl

Haven't had any luck contacting the manager as she is on holidays.

However, I have contacted Age Concern and I'm hoping they can point me in the right direction.

His latest wheeze - he has just part exchanged my Grandad's car and has bought ANOTHER car. That's 3 now. My patience is at breaking point and I am receiving ZERO back up from my sister.

Grrrrrrr

nikkikl

Sorry to drag this one up from the depths but it has come to a conclusion and I just wanted to update those who have contributed. Not that there is any good news... I finally managed to get social services involved and reported the whole thing to them. 'Don't worry, we will look into it' was their response and I was heartened by the positive feedback I got from my Nan's social worker. Today, some 2/3 weeks later I received a telephone call from social services basically telling me that they had spoken to my dad who had denied hiding any money (no, really!!, I AM surprised) and that the 'proof' that he had was a letter from his solicitor telling them that there was 3 K in one account and 2K in another account. THAT IS IT!! They can do nothing more than take his word for it! My dad told me that Social Services were 'on to him' and that he had been instructed to take grandad's will down to show them. The social worker told me today that they did not even ask to see the will.
I feel completely let down by their lack of, well, I don't know, power I suppose. There is NOTHING more that they can do??? yes, he will just get away with it and the £800 a week that it costs to keep my nan in care will be paid for by the rates whilst my money grabbing father lives a life of luxury sitting on 95K that he basically stole from a dying man. That's it, end of story. I am very very angry.

And just to rub salt in the wound, he has just had a new driveway installed. I can guess where the money for that came from.

edited to say - I forgot to mention - he decided against going for PoA as it costs £400 and didnt think it was worth it.

elona

Nikki

I am so sorry and feel nearly as disgusted as you do.
Is this fraud?
Could police or Inland Revenue be interested?

If he does "get away with it" then I do not believe he will be happy in the end!

I have a strong feeling that he will get what is coming to him eventually.

If he is continually defrauding people then eventually things will come crashing down but it could take a long time.

The best of luck.:)

Luis

I am so sorry to hear of all your problems.

Can you not get hold of your Grandad's bank statements, which should show a £95k cash withdrawal?

Also, I have a Granpa in care, we have had to pay a lot of top up fees because of the savings threshold which they just exceeded. Granny tried to gift some funds away in order to lower that (bear in mind my Granpa paid a lot of NI over his 40+ year career) but apparently you are only allowed to gift £3k per year.

Another also is that it is true that anything gifted less than 7 years before someone's death is still part of the estate.

Another, nother also - my Granny's Social Worker told her that if she predeceased Granpa, then her half of the estate would go to Granpa's care.

So, your dad has sone lots of things he can't.

PLAN - go to Social Services and play hell until they listen. Point out that you want this money to go to Granny's care - may make them see £££

Has your Granny got a Social Worker? Get them on board.

Go and see a different Solicitor for the free half hour, see if you can find one that specialises in family law, estates and probate etc.

Find the money trail - maybe your Granpa's bank cashed it?

Use that anger to GET EVEN.

Please keep us updated.

:j :j Rooting for Nikki :j :j

NAR

I agree there must be an avenue open to you (legal) to get access to the bank statements, which will obviously expose the truth. Don't give up hope - the truth is out there!

Bossyboots

Perhaps you now need to notify Inland Revenue, setting out everything you have put here. It is some small crumb that at least he will have to jump through hoops sorting out the figures and ultimately paying tax on the money he received.