Other Executors family trying to get Power of Attorney

nom_de_plume

Correct. From memory, when registering a PoA, notification must be served on the donor and to a whole generation of offspring / blood relatives that contains a minimum of 3 numbers. Certainly not to deceased partners' children.

Molly2473

news from the Probate office,
if the other executor is mentally incapable the grant of probate should be revoked.
if the power reserved executor wishes to stand he has to apply for Probate (double Probate situation)
If you think she has the mentally capacity she must continue and sign
best to get it all cleared up as soon as possible

troubleinparadise

Molly2473 wrote: »

news from the Probate office,
if the other executor is mentally incapable the grant of probate should be revoked.
if the power reserved executor wishes to stand he has to apply for Probate (double Probate situation)
If you think she has the mentally capacity she must continue and sign
best to get it all cleared up as soon as possible

Thanks for the information - and well done on finding out! Glad the Probate Office were able to help you out.

If the son feels that she is mentally incapable and he needs POA, then it sounds as though she might lack capacity - which should be judged by a doctor - but equally he may have left it too late to achieve attorneyship for himself whether just to manage her affairs or other intentions, and he won't be able to step in to her executor's shoes in her place.

But at the same time the revoking of probate is a pain from your point of view - but perhaps you have to do this to ensure the will is executed without question about your actions. I assume that just stops you from continuing at this point, but doesn't undo all that has been achieved so far?

What a muddle for you - but equally thank goodness there's another executor available, even if it takes a little more time if that's the course of action to follow.

Mojisola

troubleinparadise wrote: »

If the son feels that she is mentally incapable and he needs POA, then it sounds as though she might lack capacity - which should be judged by a doctor - but equally he may have left it too late to achieve attorneyship for himself whether just to manage her affairs or other intentions, and he won't be able to step in to her executor's shoes in her place.

Does he realise this? If he thinks he can prove that she's no longer capable of managing her own affairs, he's also proved that she's not capable of nominating him to be her attorney.

He would have to apply to the Office of Care and Protection to be appointed as a controller and her capabilities would have to be carefully assessed - it wouldn't happen on his say-so.

Molly2473

Well Im back, things rumbled on with constant hounding everytime I got Dads partner to sign anything by her children.
It has now inevitably escalated, she has been put in a home. NO LPA in place yet and I have signed forms and cheques
Should I use these?
There are still a few things to do on the estate (and it is messy with a right to reside and her benefiting on that whether that may become rental or interest but that is fine im not disputing)
As the estate will reach a stand still as im not allowed to visit or contact at the request of the daughter. I think under section 50 I can get her removed and do I need to get the power reserved executor (lives abroad) to step up and how do I do this ?
I have started looking at a barrister broker to assist. I am very conscious of cost and if I can get a medical report and apply under section 50 by myself ?
Appreciate your thoughts

Molly2473

I have always been the only "active" executor doing all the paperwork and taking it for "sign off"

getmore4less

I think you need to ask the probate office again they will tell you what you need for them to deal with removing the incapable executor.

I don't think you need the power reserved person to step up, just remove the incapable one.

If she is capable then the daughter can't refuse you visits.

looking back,
You can't just get LPA the person has to give it, so if they are not capable then they can't give it.


Anything already signed should be fine to process(as long as she was capable at the time).

Molly2473

Thanks getmore4less

Would that be removal under section 50 ?
I think the children want to act on behalf of their mother under the will trust and may be applying for a general trustee power of attorney i think it was signed some time ago and us sitting waiting to go .. for some reason the power of attorney is taking some time and i suspect they are applying under guardianship, but surely the general trustee poa couldnt go through retrospectively ?
I dont want anything to do with them they have hounded, been rude and not acted in a professional manner.
Another as an Executor can I request a medical report from her doctors and what legally should i have been informed about

Crabapple

A general power of attorney is not going to help them. It's supposed to be specific to a a time period or particular job/role. Also they don't continue if someone has lost mental capacity which is why an LPA or Deputyship would be needed.

As others said above an LPA doesn't give rights to take over an Executorship and you will need to look into getting her removed if there is a capacity issue (or indeed to avoid dispute). I don't know the procedure for doing that but I'm sure the probate registry can guide you.

It also wouldn't give them any rights to get involved with the Trust. You need to either get the renouncing Executor to take out another Grant, or as sole Trustee you can appoint a co-Trustee to act with you.

Your role as Executor wouldn't give you any right to access her medical records or similar.

madbadrob

Am I reading this right. I think this is about an LPA not an executor of the will or am I missing something

Rob