family chasing me for money..

unhappytinkerbell

Thank you appreciate your input

Dave101t

if the loan isnt in your name, then you dont have to pay.

January20

Morally the OP has to pay!

justjohn

January20 wrote: »

Morally the OP has to pay!

LOL no Morally she should not pay back the gift,but just continue paying the loan.

January20

justjohn wrote: »

LOL no Morally she should not pay back the gift,but just continue paying the loan.

Yes I agree with you. I was replying specifically to Dave's post! She certainly shouldn't pay the gift back!

g_attrill

Presumably either his wife is doing this all off her back without consulting him (knowing his dementia and mental state is in a state nothing can be proved either way), or because of his dementia, when asked about them he claims he never made them and the wife thinks this is enough to get it all back.

The main thing is that the letter is basically alledging that some pretty serious fraud has occured. If they genuinely believe this has happened they should be involving the police! As mentioned though, everything should be traceable - the loan especially - and when that is disproved any allegations about the house money (which might not be traceable to any specific person) will not hold water.

unhappytinkerbell

January20 wrote: »

Morally the OP has to pay!

I've never not paid the loan but the point is how can they chase me and demand payment for a debt that's not mine.. If I was cruel I could refuse to pay the loan but I wouldn't.

unhappytinkerbell

g_attrill wrote: »

Presumably either his wife is doing this all off her back without consulting him (knowing his dementia and mental state is in a state nothing can be proved either way), or because of his dementia, when asked about them he claims he never made them and the wife thinks this is enough to get it all back.

The main thing is that the letter is basically alledging that some pretty serious fraud has occured. If they genuinely believe this has happened they should be involving the police! As mentioned though, everything should be traceable - the loan especially - and when that is disproved any allegations about the house money (which might not be traceable to any specific person) will not hold water.

And that's what's so upsetting as nothing was done untowards or using the poa the letter is pure slander. Very upset by the whole matter.. It's my Dad after all!

orangesmartie

kingfisherblue wrote: »

I have no idea what you can do about this, but surely there must be some sort of safeguard in place for vulnerable adults? Or is that just wishful thinking?

Yes, the local authority and/or PCT will have a safeguarding vulnerable adults team where advice can be sought for this kind of situation.

I assume that your father had given you PoA but it hadn't been registered for use? That is, you weren't given day-to-day responsibility for his finances etc, therefore he is within his rights to change his named attorney. And on doing so, his solicitor would have had to establish that your father possessed capacity to make those decisions and that he was not under any duress when he did so.

Also, if your father has re-written his will, the solicitor will have had to establish capacity.

In addition, any will that was written prior to the marriage is void on marriage, unless it was written 'in contemplation of marriage'. If no new will is written, the rules of intestacy will apply, which from memory is half the estate to the children equally and half to the wife, with the remainder to children.

If your PoA had already been registered for use, your father wouldn't have been able to change his named attorney.

BeautyandtheBeast_3

good luck , sounds as if new wife is a gold digger. what background information do you have on her? how many marriages etc?