Improper person applying for lasting power of attorney of my parents affairs

Deisel_Weisel

My father has shown me letters he has recently received from the Office of the Public Guardian. Two letters addressed to himself and two to his wife (my mother).

One pair of letters reads: ‘An application has been made to register a lasting power of attorney (LPA) for health and welfare on your behalf’. One addressed to my Father, the other to my mother.

The other pair of letters read:  ‘An application has been made to register a lasting power of attorney (LPA) for property and financial affairs on your behalf’. Again, one addressed to my Father, the other to my mother.

The person applying for these LPA’s is stated as my brother. However, my brother cares very little for my parents, and I’m very suspicious of his motives. I can’t think of anyone less appropriate to be making this application for LPA’s.

Our family comprises of my Mother and my Father, and their two sons, myself and my brother. My Mother is 95 and was diagnosed about 8-10 years ago with Alzheimers, which has become progressively worse. I sacrificed my business 3-4 years ago, to become 24/7 unpaid carer for my parents, in their home. During lockdown last year I checked the power of attorney that we had in place for Mum, only to find her name was missing from the appropriate register.  It looks like the solicitor who my parents chose to oversee the LPA procedure, had failed to get crucial documents signed and presented to the powers that be.

Yes, my parents need to have LPA’s in place sooner rather than later, but as I said, my brother is completely inappropriate.

Back in February 2020, my brothers wife threw him out of their marital home, for various reasons.  Domestic abuse, which consisted of controlling and bullying behaviour (non-violent, as far as I know). She had to seek help from a psychiatrist, because of his behaviour, during this period. He then barged his way into my parents home, the night he was kicked out, and he’s been here ever since. My father has always treated him as the favourite son, and has always bent over backwards to help him. Yet since 2006, when my parents gifted my brother with a building plot, my brother has been hating on my father, for no logical reason. The hate for my father continued during lockdown, and for the past 18 months. That is until about 5-6 weeks ago, when he started being nicer….

He has offered to pay no rent, despite having a well paid job. He has taken over a living room for his work activities, which are conducted via the internet/zoom etc. He has doubled my parents electric/fuel bill, which again he has not offered to contribute to.  He has done NOTHING in the way of helping to care for my parents and NOTHING to help out with house duties. He even takes over the kitchen most evenings, cooking himself meals, yet never offers his parents the food he’s cooked. He tries to avoid Mum, Dad and myself like the plague. Talking of which: he also managed to put us through hell in January by bringing covid into the house, because he wasn’t complying to lockdown rules when away from the house. No thanks to him, we all survived.

His lack of care towards his parents has to be witnessed to be believed. I have many instances, not least the appalling way he treated my father when my mother was fighting for her life in hospital in 2017.

He can’t use his controlling behaviour on me. I’m too physically and mentally strong for him. So recently he’s taken another tact. He wrote to Social Services claiming I was doing a ‘dire’ job caring for Mum and Dad – completely untrue. That I suffered from serious mental illness – completely untrue. And that I was aggressive towards my parents and bullied them – completely untrue. It is my brother who has been aggressive/bullying towards my father. Social Services are currently investigating, and I’m having to compile a long email for Social Services, addressing all these untruths, and telling them what my brother is really like. He’s tried to give them the impression he’s a caring son, and I think he may just have fooled them.

He’s also recently laid off the hate towards my father, and occasionally offer them a bit of cheesecake. Now I know why…

Anyway, back to the application letters for LPA’s:

It’s mentioned that my Father and Mother have 3 weeks to object to these applications (from the 7th of July), and to complete form LPA006 and send it back to the Office of the Public Guardian, within that timescale.

I’ve become aware that he’s been checking the doorstep for mail, more frequently just recently. It would seem, whatever procedure he has implemented, could be severely abused, if he intercepts copies of these applications (swipes the letters from the Office of the Public Guardian) addressed to mum and dad (no such letter to myself has arrived). Hence my mother and father not being aware of the application, and the whole process sails through with no objections being made. Myself, and my parents, completely unaware, until it’s too late.

Sorry this is such a long opening post.

Should I hire a lawyer? All advice appreciated.

Tigsteroonie

Well it sounds as though your brother's plan to intercept the post has failed, because your father has all the letters. So presumably your father and mother will now respond to object to the application for LPA.

Have you considered getting LPA under your name for them? Or registering the ones previously drawn up that don't seem to have been registered?

If your parents are agreeable, they could consider having all their post diverted to your address, which would mean brother doesn't get to receive anything of theirs; the only envelopes you'd need to intercept are those confirming the redirection ...

elsien

I’d suggest supporting them to call the OPG to clarify what is gong on. 

If it is an LPA he cannot have done it without their knowledge as they will have needed to sign the forms themselves. I’m wondering if he’s applied for deputyship on the grounds that they lack capacity, although your wording does say LPA. Is there a chance they’ve signed them but didn’t want to tell you? 

Or that he’s forged their signatures. You need to talk to them about whether they have signed anything or not. 

There is no obligation on anyone applying for LPA to inform other relatives, that would be mum and dad’s decision, if done correctly. 

There is also the issue as to whether mum has capacity to complete an LPA as you say her dementia is getting worse. Someone will have needed to be certificate holder to confirm capacity and that cannot have been your brother - unless he’s forged something. You can raise a query about mum’s capacity to complete an LPA if you think that she’s now too unwell to be able to do that. 

Parents can phone OPG to ask for more details, if they can’t recall. Obviously thy can object. 

You can register your own concerns if you think the process has been abused 
https://www.gov.uk/report-concern-about-attorney-deputy-guardian
and the OPG will investigate.

But you also need to consider that you may consider your brother entirely inappropriate but your parents may not given that you have referred to him as the favourite son. And at the end of the day, if they have capacity, the decision is theirs. Would they want your brother having control over where they live, because that’s what the health/welfare LPA could mean,

Have they contacted the solicitor who set up the initial LPAs - presumably they were paid for the service so they need to explain why it didn’t happen. Do you know who mum and dad put down as their attorneys- one or both or you? It’s also possible that this is the original LPA which is only now being registered. 

RAS

Your parents need to respond PDQ. It might make sense if they ring the PGO personally to express their astonishment that these plans have been made with no discussion with themselves and tell them they are writing back.

It might also be appropriate for them to contact Age Concern or Elder Abuse for help.

With respect to the wider issues, any chance of getting your sister in law to provide a statement regarding his treatment of her? 

Keep_pedalling

Your parents obviously did not sign any of the documents so need to contact the OPG first thing Monday. Who did your brother get to to act as certificate provider?

It also sounds like your mother no longer has the capacity to make a LPA, so you would need to apply for deputyship through the courts. 

Deisel_Weisel

Tigsteroonie said:

a/ Well it sounds as though your brother's plan to intercept the post has failed, because your father has all the letters. So presumably your father and mother will now respond to object to the application for LPA.

b/ Have you considered getting LPA under your name for them? Or registering the ones previously drawn up that don't seem to have been registered?

c/ If your parents are agreeable, they could consider having all their post diverted to your address, which would mean brother doesn't get to receive anything of theirs; the only envelopes you'd need to intercept are those confirming the redirection ...

a/ I wish it were that simple. As I mentioned, no matter how much vitriol is aimed at my father from my brother, my brother still retains respect from my father. More respect for my brother, than me, that’s what it very often feels like, very frustratingly. I will be outlining my side of things in a letter to my father. A letter, because he’s so hard of hearing right now, a letter is the best option. Outlining the future, as I see it, for mum and dad and myself. I intend to restart my business this summer, a business I have been very profitable with, and I will be again. My no.1 priority in life will be my parents utmost happiness and welfare.  Listing my brothers abuse, these past 15 years. Hopefully that will help persuade my father to do the right thing and install me as LPA rather than my brother.

b/ I’ll look into that option, although as far as I can remember, the stated LPA on those papers, was also my brother with someone else.  This was about eight years ago, and again, may very well have been instigated by my brother.

c/ That’s an idea. To be clear, all four of us are currently living in my parents house. I am currently letting my house, and my brother is showing signs of moving out soon.

Deisel_Weisel

elsien said:

a/ I’d suggest supporting them to call the OPG to clarify what is gong on. 

b/ If it is an LPA he cannot have done it without their knowledge as they will have needed to sign the forms themselves. I’m wondering if he’s applied for deputyship on the grounds that they lack capacity, although your wording does say LPA. Is there a chance they’ve signed them but didn’t want to tell you? 

Or that he’s forged their signatures. You need to talk to them about whether they have signed anything or not. 

c/ There is no obligation on anyone applying for LPA to inform other relatives, that would be mum and dad’s decision, if done correctly. 

d/ There is also the issue as to whether mum has capacity to complete an LPA as you say her dementia is getting worse. Someone will have needed to be certificate holder to confirm capacity and that cannot have been your brother - unless he’s forged something. You can raise a query about mum’s capacity to complete an LPA if you think that she’s now too unwell to be able to do that. 

Parents can phone OPG to ask for more details, if they can’t recall. Obviously thy can object. 

e/ You can register your own concerns if you think the process has been abused 
https://www.gov.uk/report-concern-about-attorney-deputy-guardian
and the OPG will investigate.

f/ But you also need to consider that you may consider your brother entirely inappropriate but your parents may not given that you have referred to him as the favourite son. And at the end of the day, if they have capacity, the decision is theirs. Would they want your brother having control over where they live, because that’s what the health/welfare LPA could mean,

g/ Have they contacted the solicitor who set up the initial LPAs - presumably they were paid for the service so they need to explain why it didn’t happen.

h/ Do you know who mum and dad put down as their attorneys- one or both or you? It’s also possible that this is the original LPA which is only now being registered. 

a/ I would have to call. Phone calls are out of the question for my mother, and my father is very hard of hearing at the moment.

b/ I’ve quizzed my father on this. I know when he’s trying to hide something. I’m quite sure he hasn’t signed anything. My mother would have next to no clue on the relevance of what she’s signing. Her ‘signature’ would be very different from her pre-alzheimers. Very childlike now.

c/ Okay

d/ Could it have been the recent visits from Social Services? Nothing was said specifically about this whilst they were here, but there was the possibility while I was out of the room for a few minutes. I don’t believe mum has the capacity. She has savings and investments, and I’ve got to sit down with Dad to identify where these are, precisely.

e/ Thanks.

f/ If mum was less effected by alzheimers, and had capacity, my brother would have been kicked out the house already, let alone LPA. As I said, I’m going to present Dad with facts, and it’s ultimately down to him.

g/ I tried to Google the solicitor, and that practice appears no longer to be trading. 

h/ I stumbled across it a year ago. It was dated about 8 years ago. I believe it was my brother listed alongside someone else. Again, quizzing my father yesterday, I think this attempt, may also have been instigated by my brother.

Deisel_Weisel

RAS said:

a/ Your parents need to respond PDQ. It might make sense if they ring the PGO personally to express their astonishment that these plans have been made with no discussion with themselves and tell them they are writing back.

b/ It might also be appropriate for them to contact Age Concern or Elder Abuse for help.

c/ With respect to the wider issues, any chance of getting your sister in law to provide a statement regarding his treatment of her? 

a/ Well Mum can’t phone, because of the alzheimers, and Dad has serious problems with his hearing presently. Dad is due hearing assessment in the near future, and hopefully that will lead to an improvement. In previous conversations with banks etc, he has at least been able verify who he is and that he gives permission for me to be an intermediary in the phone conversations. Yes, we aren’t going to hang about responding to this.

b/ I feel guilty I never informed anyone. What I needed was proof. I had no smartphone until recently. These altercations were usually over pretty rapidly, but if I’d been fast enough with a smartphone, I could have obtained footage as evidence. Two or three times I snapped, I’d had enough, and button holed him and shouted at him, telling him exactly what I thought of his behaviour in the house. His behaviour somewhat improved after these altercations. However, for this he has described me as a ‘violent’ person, to social services. I’m not a violent person. I don’t think anyone else would describe my actions as such. No fisticuffs, just a bit of argy-bargy, and 100% necessary, unfortunately, and it had the desired effect on a bully. I think he’s preparing to move away from here, but no matter what, I’m going to install 4x IP cameras, covering the house, so no one can be in doubt what is going on in this house.

c/ In my response to social services, my sister-in-law will back me up on how controlling, bullying, arrogant and selfish he is. Also, how indifferent he is towards his parents. This may prove significant in their inquiries.

Deisel_Weisel

Keep_pedalling said:

a/ Your parents obviously did not sign any of the documents so need to contact the OPG first thing Monday. Who did your brother get to to act as certificate provider?

b/ It also sounds like your mother no longer has the capacity to make a LPA, so you would need to apply for deputyship through the courts. 

a/ Social services possibly, from one of there recent visits here? Otherwise I don’t know

b/ Good to know.

Deisel_Weisel

I’m guessing, once a halt has been put on my brothers application, the only way forward, for myself to be LPA, is via this application? Or can I start a fresh one, and would that be able to be fast tracked somehow? I did a quick Google, and there seem to be a various companies offering to speed up the process.

elsien

There isn’t a way to speed up the process so other than objecting there’s nothing else you can do at the moment. 

The court of protection takes as long as it takes and there is no way to jump the queue. You can’t amend the current LPA application, it would need a new application. 
Dad may be able to do an LPA - no need for a solicitor he can do it himself with your support, However getting a solicitor involved although it would cost more, might be helpful if your brother is likely to challenge it in turn. 

https://www.gov.uk/power-of-attorney

It sounds like mum may be past the point at which she can do an LPA so deputyship is the only option. It is not a quick process because the court of protection has a significant back log at the moment, and there is an ongoing cost from her finances. It can take over 12 months.  This would just be for finances as health/welfare deputyships are rarely given. Depends on how much assets mum has - if she’s just getting a state pension/attendance allowance it’s not worth the cost si one of you/dad/brother  could become her DWP appointee instead. 

https://www.gov.uk/become-deputy
That does of course presume that the OPG overturn the LPA depending on the outcomes of the investigation. 
You may also be able to find out what happened to dad’s solicitors.

https://www.lawsociety.org.uk/en/contact-or-visit-us/law-society-library/research-guides/how-to-trace-past-solicitors-and-law-firms

You need to be prepared for everything to take a lot longer than you might like.