Lasting power of attorney

freda11

I have LPA for my stepfather who is dying. This and his Will was drawn up via his solicitor. Briefly mum married stepdad 30 years ago, by all accounts it was not a happy marriage. Dad already owned the house they have lived in now all their married life and had quite a bit of money (still has) mum went into the marriage with nothing but 6 grown up kids. Non of these kids ever lived with them. They had no kids together. Stepdad has a grown up daughter but they have not spoken for at least 20 years. My stepdad has made be LPA as according to him I am the only one he can trust, he has already been ripped off twice by mum and 2 of her kids in the past for a lot of money. It was this reason that he would never put the house or any bank accounts apart from one in joint names. He is now in the final stages of brain cancer. I have now received the report from the gp stating that dad can no longer manage his affairs and so the LPA has now kicked in. I have 3 siblings in Australia and they keep phning mum to say for her to transfer all his money over to her. I jeep telling her this cant be done as I have LPA. I am also the full benefactor of his Will, including all monies and the property with the proviso mum is allowed to stay in the house until she dies. The Will was done about a year ago, well before he got taken ill. He refused to leave mum money as he did not want my siblings to get their hands on it. These siblings are now spouting off that I will leave mum destitute and I should hand the house and money over to her. My poor stepdad is not even dead yet and they are rearing their ugly heads and causing trouble. No way would I or could I do this, the whole reason for stepdad leaving it to me was because he knew he could trust me to do the proper thing by my mum. At one point stepdad wanted to leave it all to the donkey sanctury just so he would no that the others could not get a penny. Now the LPA is registered and signed off by dads doctor can I now transfer the money into a separate account in my name and transfer the property into my name? Either by myself or via the solicitor. I do not trust these siblings and my mum is getting a nuisance by spouting things off which I no have come from them not her. I just want mums last years on earth to be comfy warm and secure. There are about 4 bank/building society accounts in his name. Thanks for any advice

cte1111

You can't transfer it to your name, you should manage your step-Dad's assets for him on his behalf. So you can pay his bills, move money into appropriate savings accounts and generally deal with everything as he would have done himself, if he were still capable.

Sounds like you've got a tough time to come, sorry to hear about the problems with your other relatives. Best bet is to make it clear that you can't be transferring money around at all, that would be a breach of the trust given to you by the POA.

cte1111

freda11 wrote: »

I have LPA for my stepfather who is dying. This and his Will was drawn up via his solicitor.

Briefly mum married stepdad 30 years ago, by all accounts it was not a happy marriage. Dad already owned the house they have lived in now all their married life and had quite a bit of money (still has) mum went into the marriage with nothing but 6 grown up kids. Non of these kids ever lived with them. They had no kids together. Stepdad has a grown up daughter but they have not spoken for at least 20 years.

My stepdad has made be LPA as according to him I am the only one he can trust, he has already been ripped off twice by mum and 2 of her kids in the past for a lot of money. It was this reason that he would never put the house or any bank accounts apart from one in joint names.

He is now in the final stages of brain cancer. I have now received the report from the gp stating that dad can no longer manage his affairs and so the LPA has now kicked in.

I have 3 siblings in Australia and they keep phning mum to say for her to transfer all his money over to her. I jeep telling her this cant be done as I have LPA.

I am also the full benefactor of his Will, including all monies and the property with the proviso mum is allowed to stay in the house until she dies. The Will was done about a year ago, well before he got taken ill. He refused to leave mum money as he did not want my siblings to get their hands on it. These siblings are now spouting off that I will leave mum destitute and I should hand the house and money over to her.

My poor stepdad is not even dead yet and they are rearing their ugly heads and causing trouble. No way would I or could I do this, the whole reason for stepdad leaving it to me was because he knew he could trust me to do the proper thing by my mum.

At one point stepdad wanted to leave it all to the donkey sanctury just so he would no that the others could not get a penny.

Now the LPA is registered and signed off by dads doctor can I now transfer the money into a separate account in my name and transfer the property into my name? Either by myself or via the solicitor. I do not trust these siblings and my mum is getting a nuisance by spouting things off which I no have come from them not her.

I just want mums last years on earth to be comfy warm and secure. There are about 4 bank/building society accounts in his name. Thanks for any advice

Reposting with paragraphs to make it easier for other posters to read and offer advice.

freda11

Thanks cte, must admit I am not looking forward to it. I should also of added that non of my siblings had anything to do with stepdad during the marriage, they wouldnt speak to him or give him the time of day. A lot of it was due to my mother poisoning them against him, same as she did with my late dad . My main concern is that they come over to the UK and try and transfer stepdads account into my mothers account either whilst step dad is alive or has passed away.

fluffig

Sorry to hear about your stepfather.

You need to contact each of the banks/building societies where your stepfather has accounts, you'll probably have to go in to see them, with the LPA and ID for yourself.

They copy your ID and may require you to give them a certified copy of the LPA which they return at a later date to you.

They omplete a form with you which you sign, and it goes off to their central department that deals with LPA's who write back to you having updated their records confriming that you can manage the account of his.

tyllwyd

I don't think it would be a good idea for you to try to transfer property or money into your own name - you would be laying yourself open to being accused of trying to steal his money, no matter how good your intentions are. And you can't give your stepdads money to your mum - you have to act in his best interests, not hers.

I think you should start by making an appointment with a solicitor, and explain what the situation is so that they can explain to you exactly what you can and can't do under the LPA. That will make it much easier to deal with your siblings. (It will cost a bit, but it would be worth it rather than making a mistake that could put you in a bad situation in the future.)

freda11

Thanks, I am going to contact the solicitor in the morning and explain whats going on. Mum is harping on about new furniture she wants etc and is obviously calling me to my siblings who are then saying I am stopping her having what she wants, I keep trying to explain to her that its not my money is Jims, but she seems to think she should have what she wants now! Left to my stepdad she would be homeless without a penny when he dies! I feel I can't do right for doing wrong

tyllwyd

Maybe you should ask your solicitor to write you a letter explaining that you aren't allowed to use your stepdad's money to buy things for your mum, so that you have something official-looking that you can show her. It's not fair of them to be putting pressure on you like this.

freda11

Good idea tyllwyd cheers

Mojisola

freda11 wrote: »

Thanks, I am going to contact the solicitor in the morning and explain whats going on.

Ask him about the will. If a spouse has been financially dependent on their spouse but is left nothing in the will, the spouse would have grounds to challenge the will.

BitterAndTwisted

Crikey! The vultures really are circling overhead, aren't they?

I don't envy you at all and hope you're prepared for the pressure and aggro you're going to get. Most especially when they discover step-dad has left everything to you once he's gone. Then, you're really going to be put through the wringer.

Seeing a solicitor and having all your responsibilities explained to you and put in writing is the most sensible thing you can do. Then you can get copies printed off and give one to each of them.