Nice People Thread No. 15, a Cyber Summer

Pyxis

oldandhappy wrote: »

I try to see the funny side of life...my husband is a real joker and finds almost everything amusing...sometimes you get a jolt and not sure how to handle a situation like I received a letter from my oldest Sons solicitor stating he has applied for enduring power of attorney for my mother although its about financial and property affairs its states that my son believes that my mother is no longer able to make decisions herself which I know is a different issue really...she changed here wil recently leaving here estate to just him!!!:eek so there is a huge disruption in the family once again but although I said I would take the issue to court when the time comes I have since decided I wish to live my life in a calm way without all the drama of a fight and have just disconnected with two members of my family...much easier honest. Any opinions and views are really welcome from this nice peoples thread;)bw Dianne

Have I understood this correctly?
Your mother has recently changed her will in your son's favour, but now he is saying she is no longer able to make decisions and wants Power of Attorney?

Surely the two things aren't compatible?

GDB2222

oldandhappy wrote: »

I try to see the funny side of life...my husband is a real joker and finds almost everything amusing...sometimes you get a jolt and not sure how to handle a situation like I received a letter from my oldest Sons solicitor stating he has applied for enduring power of attorney for my mother although its about financial and property affairs its states that my son believes that my mother is no longer able to make decisions herself which I know is a different issue really...she changed here wil recently leaving here estate to just him!!!:eek so there is a huge disruption in the family once again but although I said I would take the issue to court when the time comes I have since decided I wish to live my life in a calm way without all the drama of a fight and have just disconnected with two members of my family...much easier honest. Any opinions and views are really welcome from this nice peoples thread;)bw Dianne

Sorry to hear about this.

Are you absolutely sure it's an EPA, not an LPA? That sounds very strange. You can read up about it here http://www.ageuk.org.uk/money-matters/legal-issues/powers-of-attorney/enduring-power-of-attorney/

oldandhappy

she changed here will about 6 months ago..she told my sister whom she has treated much worse than me to be honest she has spent more time in hospital than at home this last 6 months because of not being mobile.my sister did not want her to go home from hospital because of her ill health but oldest son agreed to mums wishes once care was in place of course...although she was taken in because she thought she was having another heart attack(she has in truth never had one but likes to say she has had strokes and heart attacks for some weird reason...complex situation that is why I have walked away from them...my sister will likely contest at some point she is away in the Orkney and Mull isles for a good few weeks so would not have received the copy letter yet unless I text her...no need to spoil her hols is my thoughts...

GDB2222

Pyxis wrote: »

Have I understood this correctly?
Your mother has recently changed her will in your son's favour, but now he is saying she is no longer able to make decisions and wants Power of Attorney?

Surely the two things aren't compatible?

I'm sure lots of people grant POAs to beneficiaries of their will. Surely, you'd want a family member or good friend to be your attorney, and these are just the sort of people you would mention in your will?

Pyxis

GDB2222 wrote: »

I'm sure lots of people grant POAs to beneficiaries of their will. Surely, you'd want a family member or good friend to be your attorney, and these are just the sort of people you would mention in your will?

I meant to say, if she's not capable of making decisions and the will was only made recently, then surely there's an argument for saying the will is void if she's not capable?

oldandhappy

understand what you say GDB2222b ..but she has left everything to my oldest son.....ok he has always been no 1..that is true. My sister also has three children likewise myself...Not one

silvercar

Pyxis wrote: »

I meant to say, if she's not capable of making decisions and the will was only made recently, then surely there's an argument for saying the will is void if she's not capable?

So your son is saying that the will shouldn't be valid and he is the main beneficiary? I can't see anyone arguing with that!
I'm a bit confused if she has actually passed away?

oldandhappy

silvercar wrote: »

So your son is saying that the will shouldn't be valid and he is the main beneficiary? I can't see anyone arguing with that!
I'm a bit confused if she has actually passed away?

nope nope nope...u read it all wrong...my mothers is still alive she is 89 but confused and bed ridden etc etc.........changed here will in the last 6 months leaving all to my oldest son...nobody else....that was basically the gist of the write up I made looking for opinions...

michaels

Is the assumption that now the will says what is needed the poa is to make sure it can' tbe changed again, or even to start spending the inheritance before it is due....

...talking of POA Martin seems to recomend we should all have matching ones with our partners and it appears that you can get them for free if you are on tax credits.

silvercar

oldandhappy wrote: »

nope nope nope...u read it all wrong...my mothers is still alive she is 89 but confused and bed ridden etc etc.........changed here will in the last 6 months leaving all to my oldest son...nobody else....that was basically the gist of the write up I made looking for opinions...

She could change it again....

Maybe oldest son could ask her to play fair, or he could wait until the time comes and then alter the beneficiaries himself or decide to split his inheritance 6 ways (or 8).