Obligations

elsien

Matey123 said:

To answer some of your questions . All three sisters have power of attorney.  My Sister has not notified anyone that my Mum is in a home, the home is in my Mums name.  My sister also has her own house that her son is living in.The £2300 debt is debt built up over the last year.  My sister and her husband have been living in the house, firstly before December 2020 as her carer but even since then up until now.

If your mother has lost capacity then as LPA you are all equally liable for ensuring that her money is being used in her best interests. That does not generally include subsidising her family to live there af no cost to themselves. Anyone who is not acting in her best interests (and that includes those doing an ostrich impression about their obligations as LPA) should be reported to the OPG and potentially be removed as LPA.
Have the banks been informed if she’s lost capacity, or are those accounts being plundered as well? 

Who is paying for the care home? Is she self funding? Was she getting any benefits that would be affected by being in the care home that the DWP haven’t being informed about? 

All three of you need to get together and have a proper conversation about this. Because as it stands it very much sounds as if no one is acting in your mother’s best interests. 

Matey123

My mother has dementia - glaucoma and arthritis so yes she has lost capacity.  The problem I have is I know exactly how things work, but both my sisters are like you say "burying their head in the sand".  My main concern is if they continue to ignore me that it could result in me having to support and pay for the debt as I am unemployed and live by myself and cannot possibly contribute.

Sea_Shell

Matey123 said:

To answer some of your questions . All three sisters have power of attorney.  My Sister has not notified anyone that my Mum is in a home, the home is in my Mums name.  My sister also has her own house that her son is living in.The £2300 debt is debt built up over the last year.  My sister and her husband have been living in the house, firstly before December 2020 as her carer but even since then up until now.

Generally,  can an attorney (joint/several) be held liable for the donors debts that they have allowed to accrue "on their watch"?

On what basis are you "joint" attorneys?  Do you have to all agree, or can you each act independently? 

elsien

You’re still missing the point slightly. This is about your mum now. Not who pays what after she dies. So if the bank don’t know she’s lost capacity then register the LPA with them yourself. Monitor what is happening with her money. And if it’s not being used in her best interests then you either report your sisters or you become complicit  in their use of her. Maybe telling them that will make them do things properly? 

greyteam1959

Matey123 said:

My mother has dementia - glaucoma and arthritis so yes she has lost capacity.  The problem I have is I know exactly how things work, but both my sisters are like you say "burying their head in the sand".  My main concern is if they continue to ignore me that it could result in me having to support and pay for the debt as I am unemployed and live by myself and cannot possibly contribute.

It's not up to you to decide if your mother has lost mental capacity or not.
It is up to a health professional.

Savvy_Sue

Has anyone told DWP and the Pension Service that your mother has moved into a care home?

Keep_pedalling

greyteam1959 said:

Matey123 said:

My mother has dementia - glaucoma and arthritis so yes she has lost capacity.  The problem I have is I know exactly how things work, but both my sisters are like you say "burying their head in the sand".  My main concern is if they continue to ignore me that it could result in me having to support and pay for the debt as I am unemployed and live by myself and cannot possibly contribute.

It's not up to you to decide if your mother has lost mental capacity or not.
It is up to a health professional.

My mother ended up in a care home with dementia and believe me I did not need a health professional to confirm that she had lost capacity to handle her financial affairs. 

macman

But the presence of dementia in itself does not mean that capacity has been lost. It depends on the degree of advancement-which would be where the medical opinion comes in.
With a debt that size, it's likely that the supplier will seek a warrant of entry to fit a PPM in the near future, unless your sister contacts them and agrees a repayment schedule.

macman

Sea_Shell said:

Matey123 said:

To answer some of your questions . All three sisters have power of attorney.  My Sister has not notified anyone that my Mum is in a home, the home is in my Mums name.  My sister also has her own house that her son is living in.The £2300 debt is debt built up over the last year.  My sister and her husband have been living in the house, firstly before December 2020 as her carer but even since then up until now.

Generally,  can an attorney (joint/several) be held liable for the donors debts that they have allowed to accrue "on their watch"?

On what basis are you "joint" attorneys?  Do you have to all agree, or can you each act independently? 

I don't think the OP can be liable for any utility or CT debts incurred after mum went into care, because mum is no longer liable, as she isn't occupying the property, and so neither is her Attorney. Sister and her husband however are fully liable for these debts, as the occupiers. Nothing to do with the sister's attorneyship.
If the LPA was in place before mum went into care, then the OP may be liable for any debts that accrued prior to that point, so the OP needs to clarify.

Pennylane

macman said:

But the presence of dementia in itself does not mean that capacity has been lost. It depends on the degree of advancement-which would be where the medical opinion comes in.
With a debt that size, it's likely that the supplier will seek a warrant of entry to fit a PPM in the near future, unless your sister contacts them and agrees a repayment schedule.

Quite right. On the forms you complete for POA there is a box which asks whether you wish the chosen person to carry out their duties before you lose capacity or only after.

Dementia can advance very slowly in some people and they can continue to drive, shop, socialise etc for a long time.