Lasting power of attorney

jesmin45

I am also executor as well as my mother. Now the LPA has been registered I am going to set up a separate account and set up my mums direct debits to go out of this account, which will cover her bills but not food bills, basically her elec, gas, water, tv, phone, council tax. Am I best to do this now, bearing in mind I will be using step dads money or do I wait until step dad has passed and let her continue paying her own bills? She is aware that I will be doing this. At the moment she is paying for her household bills with cash taken from their one and only joint account. The council tax comes out of stepdads sole name account direct debit each month. The bills were always paid by my stepdad. all she paid for was the food, which was always the cheapest brand possible . Its not so much my mother who is causing trouble its the siblings from overseas. If it was upto them all stepdads accounts would now be drained

Mojisola

jesmin45 wrote: »

I am also executor as well as my mother. Now the LPA has been registered I am going to set up a separate account and set up my mums direct debits to go out of this account, which will cover her bills but not food bills, basically her elec, gas, water, tv, phone, council tax. Am I best to do this now, bearing in mind I will be using step dads money or do I wait until step dad has passed and let her continue paying her own bills? She is aware that I will be doing this. At the moment she is paying for her household bills with cash taken from their one and only joint account. The council tax comes out of stepdads sole name account direct debit each month. The bills were always paid by my stepdad. all she paid for was the food, which was always the cheapest brand possible . Its not so much my mother who is causing trouble its the siblings from overseas. If it was upto them all stepdads accounts would now be drained

It's good that you are also the executor.

It doesn't sound as if your mother has much income of her own. It would be worth researching what benefits she will be able to claim after your father goes. You will then know how much help she will need.

I'm not sure about the bills but as your stepfather was paying them before I would have thought you could continue. I'll be interested to see others' views on this.

freda11

I no she has her state pension and heating allowance and when dad passess she will get around £200 per month from his private pension. I no she has been 'extracting' money from their joint post office account and she has a savings account with about £5k in.

Mojisola

freda11 wrote: »

I no she has her state pension and heating allowance and when dad passess she will get around £200 per month from his private pension. I no she has been 'extracting' money from their joint post office account and she has a savings account with about £5k in.

A joint account is just that - it belongs to both of them.

Everything that's in the joint account will be hers when your step-father dies.

tyllwyd

I think if you have an LPA and she doesn't, that puts you in a bit of a strange position with the joint account. You have a legal duty to act in his best interests, but she doesn't. So if she decides to take out all the money in the account, would you potentially be in trouble for not stopping her? I can see an argument for saying that he was supporting her before he lost capacity so you can reasonably assume he would want to continue supporting her in the same way until his death, so paying bills would fall into that category (my guess, not a legal opinion!) But I think you need legal advice about the joint accounts and the best way forward.

Primrose

If your stepdad is able to and still well enough, he may wish to add a codicil to his will that anybody contesting his will should forfeit any legacy they may have been left. As somebody else has said, the vultures are already circling and I feel for you, having found myself in a not dissimilar situation in the past. I would try and avoid contact with your siblings as much as possible and tell them that you as you have enduring power of attorney and it is being registered with the court, you are not in a position to discuss your stepdad's financial affairs or to negotiate on them.

Mojisola

tyllwyd wrote: »

I think if you have an LPA and she doesn't, that puts you in a bit of a strange position with the joint account. You have a legal duty to act in his best interests, but she doesn't. So if she decides to take out all the money in the account, would you potentially be in trouble for not stopping her? I can see an argument for saying that he was supporting her before he lost capacity so you can reasonably assume he would want to continue supporting her in the same way until his death, so paying bills would fall into that category (my guess, not a legal opinion!) But I think you need legal advice about the joint accounts and the best way forward.

It is an awkward one, isn't it? If it's "his" money that's going into the account, should freda11 change that or, as they are married and he has been financially supporting his wife, should her access to his money continue?

tyllwyd

Mojisola wrote: »

It is an awkward one, isn't it? If it's "his" money that's going into the account, should freda11 change that or, as they are married and he has being financially supporting his wife, should her access to his money continue?

I think she needs legal advice - I've seen it said on the internet that joint accounts might be frozen by the bank if one party loses mental capacity. In this case I guess that need not happen because the OP can act on behalf of her stepdad, but then she takes on the responsibility for his affairs. What if her mum runs up a huge overdraft on the account? I don't think it is a case of cutting her mum off entirely, but finding out what she needs to do to protect her dad, and also to protect herself against being accused of doing something wrong. Maybe the joint account needs to be closed down, and two separate accounts set up with some money going from the dad's account to the mums to cover bills.

Primrose

When I had to take out Power of Attorney for both my parents, who had joint current & savings accounts, I closed the joint account and opened separate accounts in their respective names, with each of their pension incomes going into their separate accounts and splitting the money in their savings accounts equally. . That may be an option here, at least with regard to the current joint account but it would be wise to seek legal advice on this option first.

freda11

Thanks, I will ask the solicitor about the joint account. Dad is in no fit state to handle anything let alone his finances
I am going to go to mums in the next few days and sort out her direct debits and put £x in a new account to cover her bills. I don't have to do this as dad said before she has enough money of her own to pay bills etc and I shall not start it until dad has passed away.
I am still angry at my mother for not visiting him in the home, she is a bloody hard woman but this has surpassed everything! having to tell a dying man that his wife refuses to visit is the worse thing I have ever had to do. His love for her has now turned to hate, he keeps going on about wasting 30 yrs of his life on a loveless marriage and that he realises now she married him for an easy life, she gave up her job as soon as she married him and never had to struggle financially. TBH they were both penny pinchers and could of had such a happy life but neither wanted to do anything with the other only grumble n complain! He has even said to me if he wanted to he could turn really nasty and demand she leaves HIS house. He wanted to go return gome and die at home but she refused to allow him home thats why he stayed in the nursing home. When he was at home prior to going into care he had carers popping in 4 times a day, she then even refused to make him a cup of tea or a sandwich, because it was the carers job!!!!! She makes me mad! This guy has been in my life 30 years and I love him more than my own mother! Says it all really.