Questions about Power of Attorney and moving into mother's house

RAS

Hi

Pete has to understand that as an attorney, he cannot sell the house and split the proceeds three ways. It just is not allowed. Nor can he give your wife and the other brother one third of the value each and move in. As an attorney his sole function is to do the best for MIL, ignoring his own interests.

Firstly, it is not in MILs best interests to divest herself of her assets. He can send cards and buy small presents for grand children, but all the other money(value of then house) has to be spent on MIL or Pete is actually defrauding MIL. Only when she dies can anyone have any of the assets. And in case he has any ideas, based on my own experience as an attorney, he cannot even try and find ways of reducing any IHT liability, as this is not in MIL's interests.

If he does not understand this (and I think your wife needs to find a good solicitor to attend the meeting), Pete should not have POA.

You may find Age Uk a good source of advice on this sort of theing.