OPG: Challenging the suitability of a Financial PoA appointee?

Jack199

My mother-in-law ‘A’ (a widow, aged 90) has 3 children and appointed all 3 as her H&W attorneys several years ago (registered with the Office of the Public Guardian).

In early 2021, A and one daughter+husband sold their two houses and bought one to live in together. Several months later the other 2 children discovered that only the names of the daughter+husband were on the deeds of the new house, and yet A had paid 60% of the purchase cost (direct to her daughter, with no professional advice given at the time regarding A's rights). A is therefore taking an unnecessary risk if something were to happen to her hosts or to her relationship with them. Note, the size of the estate falls below the IHT threshold.

In late 2021 it was further discovered that the daughter had been appointed sole Financial attorney (registered with the OPG in September 2021), and that the house deeds remained unchanged.

We believe the daughter’s action regarding the deeds was not in A’s best interests, and so brought this to the attention of the OPG, however it seems the OPG does not act in regard to events occurring prior to the Financial POA appointment. The OPG’s role may not be to vet potential attorneys, but when information is brought to them relating to a relevant event which occurred just months before an appointment, and which points to the unsuitability of the attorney, I believe they should act. We have also informed the OPG about the attorney’s history of poorly managing her own financial affairs.

Does anyone have experience of such a matter?

masonic

Do you believe that 'A' lacked mental capacity when she decided on the arrangement with the daughter, or that the daughter coerced or tricked her into this arrangement? If so, then perhaps her local council's adult safeguarding team would be the best people to deal with this alleged financial abuse.

As you say, 'A' did not grant the daughter POA until after the financial transaction, so she authorised the sale of her property and the transfer of the proceeds to the daughter+husband. Do you know the terms of the agreement that they entered into? Presumably daughter+husband will serve as carer to 'A' in her advancing years, and she will get this accommodation and care at no further cost to herself.

Do the other two children feel entitled to inherit a share of the new home, and don't think they have other assets left to them in the will to make up for this? Are you concerned that daughter+husband would kick her out to a care home if she became too frail? It seems like some conversations need to be had if you wish not to create a permanent rift between the family members. There may be satisfactory answers to some of these concerns.

While such decisions can have unpleasant consequences, who someone chooses to gift money to, leave money to in their will, or make their attorney, is a matter entirely for them, as long as they are of sound mind and make such a decision of their own free will.

Jack199

Thank you for this insightful reply. Perhaps the council’s adult safeguarding route is the way to go as her behaviour has changed markedly.

Unfortunately, it is not possible to have any form of conversation because, after one face-to-face meeting by all 4 family members, where agreements were reached, A changed her mind the following day and thereafter A, who now lives several hours drive away with her daughter, blocked all communication with her other 2 children (with whom she had had a normal relationship).

We know nothing about any of the current arrangements between the parties – this has been kept private, but judging by past behaviour there will probably be no clear agreement about her future care and nothing in writing.

TBagpuss

This is a very difficult situation - Mum might be able to claim a beneficial interest in the new property and could push to have that refleted in a formal declaration f trust but if she is unwilling to do so then the situation may be that she has effectively given a substntial gift to her daughter and unless there is proof that she did not do so willingly there is very little you can do.

Obviously forward you can try to keep an eye on things and if mum loses capacity can speak again to the OPG if at that stage her affaris are not managed in her best interests . Was the house her only asset? 

If you feel she ould be unwilling to consider the possibility that her daughter might have taken advantage of her it might be worth pointing out to her that if Dau & Son in law's relationship broke down thenthat could result in the hosue having to be sold, so agreeing a decalration of trust to reflect her interest in the property would protect her(and ensable her to assist her daughter if d & SIL did split) 

Obviosuly if she won't talk to you then you can't have that conversation with her - is she likely to be willing to see you if you were to travel to visit,rather than trying to phone?

elsien

Just so as you know, challenges through the OPG can be a very long and drawn out process with nothing much changing at the end of them. I was involved in a case where the donor was alleging financial abuse by the LPA. Social services were involved in a safeguarding but the OPG investigation wasn’t particularly satisfactory. The donor was considered to have capacity to cancel the LPA but chose not to so although coercive control was suspected there was little else anyone else could do. They then chose to return from respite care to go back to live with the person they’d made the allegations about. OPG said that if the donor wasn’t willing to cancel the LPA then it would stay as it was as that was their decision to make, 

The LPA only has to act in best interests when the donor loses capacity. If MIL has capacity and makes unwise decisions, then the consequences are on her. As with all of us.