Help needed on change to will??

troubleinparadise

After setting up a Lasting Power of Attorney for my mother, I checked with the solicitors who were apparently holding her Will that that was still the case after going through old paperwork.

On hearing that there was an LPA, they wanted a copy of it to hold on file with her Will.

I am assuming this was so that should she wish to make changes to her Will that all was kept above board, and that it flagged up that she might not have full capacity.

daska

I think I would write to the solicitor pointing out that there is a Court awarded POA and asking them what checks they made that she had a full understanding of what she was doing.

And £20 an hour?!?!?!?!?

Can I give you some perspective on this hourly rate.

My agency charges a set £14.50/hour to private customers and £14 to those referred by Social Services, that's for full personal care/ domestic/ social etc. Their staff get (figures approximate) £6.80 on contract, £7.50 on self employed (zero hour). When I have PAYE carers they get minimum wage but there are benefits to living in such as free accommodation/ utilities/ food. For self employed carers I usually pay £8/hour but I've literally just this morning asked for permission to pay £10.

What does she do?

Norfolkungood

@ daska - The £20/hr is not actually for care, its basic cleaning, and it is basic, I've seen it. She occasionally gets a bit of shopping but we've now found out she also gets given the cash card to withdraw money for my mother so I'm watching the bank a/c like a hawk.

Care is provided by social services at similar rates to what you are talking about.

@getmore4less & NAR - The same practice of solicitors was involved in drawing up the POA, but a different partner to the one who drew up the codicil. The POA was brought about once she was diagnosed with the brain tumour. From previous research it would seem that an individual can still make changes to their will even when a POA is in place as long as the solicitors think they are of sound mind to do so. Ludicrous in my opinion.
We tend to think that there would be a fair weight in the argument that someone suffering from a brain tumour is incapable of making rational decisions such as changes to a will. The solicitors have correspondence on file relating to this brain tumour from 2 yrs ago.

Our concern is that if we contact the solicitors with our reservations, they may contact my mother about the situation, who has a history of reacting badly to people meddling with her affairs.

The bottom line is that we think the cleaner has rail roaded my mother into changing the will. Even more bizarre when nothing has been left to grand children, great grandchildren etc.

troubleinparadise

Norfolkungood wrote: »

@ daska - The £20/hr is not actually for care, its basic cleaning, and it is basic, I've seen it. She occasionally gets a bit of shopping but we've now found out she also gets given the cash card to withdraw money for my mother so I'm watching the bank a/c like a hawk.

Care is provided by social services at similar rates to what you are talking about.

@getmore4less & NAR - The same practice of solicitors was involved in drawing up the POA, but a different partner to the one who drew up the codicil. The POA was brought about once she was diagnosed with the brain tumour. From previous research it would seem that an individual can still make changes to their will even when a POA is in place as long as the solicitors think they are of sound mind to do so. Ludicrous in my opinion.
We tend to think that there would be a fair weight in the argument that someone suffering from a brain tumour is incapable of making rational decisions such as changes to a will. The solicitors have correspondence on file relating to this brain tumour from 2 yrs ago.

Our concern is that if we contact the solicitors with our reservations, they may contact my mother about the situation, who has a history of reacting badly to people meddling with her affairs.

The bottom line is that we think the cleaner has rail roaded my mother into changing the will. Even more bizarre when nothing has been left to grand children, great grandchildren etc.

Dear NFG,

There is a somewhat grey area when it comes to mental capacity, and how it is judged - what you or I may think is a good idea is of course not always viewed as such by someone else, and thus is also the case with your mother.

It must be that the solicitor who saw your mother judged her to know and understand what she was doing when she changed her will. What effect her brain tumour is having on her judgement is unknown to us - has she been deemed to lack mental capacity by a doctor? Whilst there is a POA in place, this doesn't mean that the person lacks mental capacity, just that there is someone who is also able to carry out actions on a person's behalf if they are unable to do so at a given moment - unwell, abroad, lacking mobility, etc.

http://www.justice.gov.uk/protecting-the-vulnerable/mental-capacity-act

The friend should not be using her bank card - that is against the bank's rules, and your mother will have no protection if money goes missing. You also know of this - if your mother is having problems withdrawing cash or shopping, then a different system needs to be put in place, preventing anyone other than you as POA or your mother using this.

My parents left nothing to grand children etc in their wills - it isn't necessarily a sign of lacking judgement; their view was that whatever is left just goes to the next generation to do with as they wish. If your mother has now struck out previous family legatees in favour of the friend, then perhaps you have more to worry about.

I think that the friend's refusal to talk to you about your mother as referred in an earlier post would also ring an alarm bell with me. Instead of being a source of information as to your mother's welfare and wellbeing as previously, this new financial arrangement suggests a division between the two of you. She is being paid well (nothing wrong with that if your mother is happy about that) and has the promise of a lump sum after your mother's death. But how will you be kept up to date on your mother's welfare if she sees her everyday but won't tell you if there are any concerns?

Whilst your mother needs friends and support, the money side muddies the waters in terms of your mother's best interests. It is not unknown for people to "buy" loyalty or support via promises of gifts to come (the board has many stories along those lines).

The whole issue of distance caring as you do with your mother is fraught, and unfortunately only becomes more difficult with time and decline. Do you need to be looking at possible changes such as your mum moving closer to you, or how else to look after her from a distance that gives you peace of mind and her the support she needs?

But at the end of the day it is your mother's choice as to what she has in her will. She is obviously also aware that you know of these changes and apparently doesn't see a problem with that. She may have her problems, but she still must be allowed the autonomy to make her own decisions.

Mojisola

Norfolkungood wrote: »

My mother called the solicitors to make the appointment and was duly taken to the solicitors by the cleaner who I believe was present during the meeting. We feel she may have felt obligated in some way??

This isn't good practice.

How could the solicitor judge that your mother wasn't under pressure from the cleaner if she stayed in the meeting?

To set up a codicil giving a large sum of money to someone who is present throughout the appointment is very poor practice.

I would be very concerned if someone was charging my father £20 a hour - that's a blatant rip-off and would make me very suspicious of her motives.

It would be worth talking with these people - https://www.elderabuse.org.uk/Mainpages/Services/services.html