Power of Attorney and Estranged Relatives

kayleighali

Hi all,

Apologies if this is the wrong board, feel free to move if appropriate

I have LPOA for my grandmother after the death of my mother - this was the planned agreement that was put in place back in 2010, my mother passed away earlier this year.

My grandmother has 2 sons who have not been in contact with her for 10+ years, one lives abroad and one lives 20 mins down the road. They both stopped talking to her after a disagreement about money/inheritance back in 2010 - they weren't happy for everyone to have an equal split in the will. More to it but that's the jist.

Since my mother died I have been wondering if I should tell them about it. My main concern is, if they decided to come back into my grandmother's life, could they do anything to revoke the LPOA as they are next of kin? She no longer has capacity and is in a care home so the inheritance is long gone, there is no issue there. My concern would be if they were able to 'outrank' me, so to speak, that they may move her into a cheaper care home or make decisions on her behalf that don't have her best interests at heart.

Can anyone give any advice at all? Sorry if I have rambled

pphillips

Neither of the 2 sons will be able to overrule, change or revoke their mother's LPA. 

FabFifty

As above, the sons can't 'outrank' you.
Next of kin has no legal right or responsibility to make decisions on behalf of a patient who cannot do so themself. If the sons object to you having LPA my understanding is that they would have to apply to OPG stating why you are not fit to hold LPA. OPG would investigate and, if necessary, apply to the Court of Protection to remove you as attorney.

elsien

When deciding what information to share with other people, now that your grandmother lacks capacity you need to make a best interests decision on her behalf. This would include taking her wishes and preferences into account at the time that she had capacity. If she chose not to tell them anything when she was well, is there any reason to believe that she would want them to have information now?

If they wish to check if there is a power of attorney in place they can do so via the OPG as it is a matter of public record. If they had any concerns about whether you were acting inappropriately they would do that via the OPG as well. They would need evidence so if you ensure you are acting in accordance with the guidance and keeping good records, then they won't have a leg to stand on. 
What power of attorney do you have? Finances, health and welfare, or both?

kayleighali

elsien said:

When deciding what information to share with other people, now that your grandmother lacks capacity you need to make a best interests decision on her behalf. This would include taking her wishes and preferences into account at the time that she had capacity. If she chose not to tell them anything when she was well, is there any reason to believe that she would want them to have information now?

If they wish to check if there is a power of attorney in place they can do so via the OPG as it is a matter of public record. If they had any concerns about whether you were acting inappropriately they would do that via the OPG as well. They would need evidence so if you ensure you are acting in accordance with the guidance and keeping good records, then they won't have a leg to stand on. 
What power of attorney do you have? Finances, health and welfare, or both?

I have both. Everything is all accounted for, if she asks for anything I just buy that out my own money so I can never be accused of using her money inappropriately. I know I am able to use it for her requests, I just choose not to use her money.

She never cut off contact with anyone, in fact, it was the other way around and she tried to reach out to them many times over the years. She has become quite confused now and regularly asks about them so I had considered contacting them to tell them about my mum. I just didn't want to do anything that could jeopardise her welfare in any way. If they choose to ignore me then that's fine, my grandmother doesn't need to know. 

Mojisola

kayleighali said:

I have both. Everything is all accounted for, if she asks for anything I just buy that out my own money so I can never be accused of using her money inappropriately. I know I am able to use it for her requests, I just choose not to use her money.

Doesn't that mean you are building up an inheritance for the two estranged sons to inherit?

74jax

Mojisola said:

kayleighali said:

I have both. Everything is all accounted for, if she asks for anything I just buy that out my own money so I can never be accused of using her money inappropriately. I know I am able to use it for her requests, I just choose not to use her money.

Doesn't that mean you are building up an inheritance for the two estranged sons to inherit?

I don't think she has savings as such and it goes on the care home.... 🤔  If under the amount allowed, itit could be useful to paypay funeral expenses.
Is there a will? Are you executor? 

kayleighali

Mojisola said:

kayleighali said:

I have both. Everything is all accounted for, if she asks for anything I just buy that out my own money so I can never be accused of using her money inappropriately. I know I am able to use it for her requests, I just choose not to use her money.

Doesn't that mean you are building up an inheritance for the two estranged sons to inherit?

No, it specifies in the will that the contents of her accounts go directly to me - previously was my mother. There are specific cash gifts to the great-grandchildren as the will was written before her house was sold. These are no longer payable as there won't be enough money in the estate so my thinking was that I could distribute the money in the accounts evenly between all grandchildren and great-grandchildren.

I am executor of the will and there is a separate account specifically for funeral expenses.

Sea_Shell

If the sons are due to get nothing, be prepared for some pushback from them or contested will even.

IMO you'd be better to spend her money now, rather than yours, so there's less estate to argue over when the time comes.

If her account balances are to come to you, then use her money, keep your money, then you're no worse off.

You could always ringfence your money that you would have otherwise used, if you're worried her money might run out, and use it later.   If you see what I mean?!

pphillips

Sea_Shell said:

If the sons are due to get nothing, be prepared for some pushback from them or contested will even.

IMO you'd be better to spend her money now, rather than yours, so there's less estate to argue over when the time comes.

If her account balances are to come to you, then use her money, keep your money, then you're no worse off.

You could always ringfence your money that you would have otherwise used, if you're worried her money might run out, and use it later.   If you see what I mean?!

Not sure than any reputable solicitor would take on their case. If the estate is very small, it would not be proportionate to persue a claim against it.

TBagpuss

As her attorney, you have to act in your grandmother's best interests, and it is appropriate to take into account her own wishes. I think that if your grandmother reached out to her sons when she still had capacity, and is asking about them now, then it would not be unreasonable for you to try to contact them to let them know of her state of health and that she would like to see them / hear from them.If they chose to continue to hold a grudge rather than to see her that's their decision to make, but you will have done what you can.

they don't have any power to revoke or override the POA so you don't need to be concerned about that (and if it came to it, you could use the power of attorney to prevent them having contact with her, if they did not behave appropriately.)

I would recommend that you use your gran's money to buy her things, rather than using your own. That's what it is for, and as long as you keep records and receipts no-one can (successfully) accuse you of anything. It sounds as though she is lucky to have you looking out for her.