LPA Cancellation

JuliaMary_2

LPA Advice please -
Elderly father (87) widow with 4 grown children.
Dad has 1 son still living with him - who set up finance LPA in his sole name, without telling rest of family.  Dad then put another brother as the sole person on health LPA.
Myself and remaining brother said we'd like to be on finance LPA for checks & balances as son on there will not communicate re: Dad's affairs (shut's us out completely).
Dad agreed and we rang the Office of the Public Guardian who said it's fine for us to file another LPA which will run on the same T&C's as the existing sole one.  So 3 attorneys would be on the finance LPA.
All well and good - 4 weeks or so ago we got a letter saying the form is fine and we'll be added but notifying my Dad that he can object etc. if any issue. 
Son who is living with him and set up sole finance LPA in his own name - read my Dad's letter and complained bitterly to my Dad saying he (son) didn't want us on there.  No reason other than wanting to be in complete control and threatening to leave home/stop supporting Dad if we are added.  Also refused to discuss it with us. 
Dad stood up to him and said he wanted us all on there as it was not fair to exclude us and it was his money etc. 
Today, I got a letter from the Office of the Public Guardian saying I have told them (the office) that I don't want to register his LPA and returning the LPA as requested. I told them no such thing and had not made any such request. 
I rang my Dad who said he had not cancelled it.  He spoke to son at home who also denied it.
I did not cancel it so someone has impersonated me and falsely cancelled.
I rang my Dad back later saying I would take it up with the Office on Monday and resubmit but am very concerned given possible identity fraud. 
Dad sounded very different and was very upset and said he'd spoken to brother at home and I mustn't contact office as he doesn't want anyone getting into trouble and that he just wants it left with only son at home on finance lpa.
Do we have any rights here?  I'm concerned that:
- someone has lied to the office of the public guardian, written or called and pretended to be me and canceled an application (that was cleared subject to any objection)
- that person may very well be my brother at home who is the sole attorney on my dad's finances
-they have now scared and upset my dad so he's frightened to take them off and they are left in sole control with no checks or balances. they are threatening to leave my dad if he tries to put anyone else on his financial lpa.  I'm concerned they are not acting in my dad's best interests and only their own.
Brother on health LPA doesn't want to be involved and is happy for son at home to have total control. I feel this is a stitch-up where Dad is being exploited and that they are not acting in his best interests. 

Brie

I'm wondering if social services need to be involved as this sounds like elder abuse.  

I would certainly get something logged with the Office of the Public Guardian about your concerns and that identity fraud may have been committed.  They may decide to revoke the LPA in place.  You may also wish to contact your dad's banks so that they are aware that something may be going on and to not allow any major transactions.

Do you have a solution in mind if bro at home decides to move out?  Can dad cope on his own or with some carer's assistance. 

If there is a problem getting bro at home off the LPA maybe another of you siblings could arranged to get third party authority on his bank account(s) if only so you can keep an eye on things. 

elsien

Brother can’t have set up the first LPA as attorney without your dad’s consent. There is no legal obligation for LPA to inform anyone else at all. If the person doesn’t want to. 

There is another interpretation, which is that your dad was fine with how things were, agreed to have you and your other brother added on for peace and quiet, and now has decided to revert back to the original plan, which is his choice to do. 

Your poor dad seems to be stuck in the middle of you all. Even if the LPA was cancelled by your brother, your dad could still have revoked it at any time anyway, which sounds like he now wants to do. 

By saying you want to be on there for checks and balances you’re effectively saying you don’t trust your brother and you think he’s going to be doing something dodgy with the money. Is there history between you and your brother by any chance?

It really isn’t about being fair to all of you. That isn’t the purpose of an LPA. It’s about what your dad wants, without pressure being put on him by any of you.  

JuliaMary_2

elsien said:

Brother can’t have set up the first LPA as attorney without your dad’s consent. There is no legal obligation for LPA to inform anyone else at all. If the person doesn’t want to. 

There is another interpretation, which is that your dad was fine with how things were, agreed to have you and your other brother added on for peace and quiet, and now has decided to revert back to the original plan, which is his choice to do. 

Your poor dad seems to be stuck in the middle of you all. Even if the LPA was cancelled by your brother, your dad could still have revoked it at any time anyway, which sounds like he now wants to do. 

By saying you want to be on there for checks and balances you’re effectively saying you don’t trust your brother and you think he’s going to be doing something dodgy with the money. Is there history between you and your brother by any chance?

It really isn’t about being fair to all of you. That isn’t the purpose of an LPA. It’s about what your dad wants, without pressure being put on him by any of you.  

Thanks - have talked to dad since whos advised youngest printed all forms off and told dad where to sign: he thought we were all on there,
He's adamant he didn't apply to remove us however youngest is threatening to leave him without any support if he doesn't remove us, He's said he can't cope on own so needs to give him sole access.
Whoever contacted office impersonating me has committed fraud - that's illegal. 
Dad also has had teeth mysteriously drop out in last few days and is not looking well. I'm really concerned that youngest is manipulating and abusing Dad and Dad is very frightened and scared.

silvercar

JuliaMary_2 said:

elsien said:

Brother can’t have set up the first LPA as attorney without your dad’s consent. There is no legal obligation for LPA to inform anyone else at all. If the person doesn’t want to. 

There is another interpretation, which is that your dad was fine with how things were, agreed to have you and your other brother added on for peace and quiet, and now has decided to revert back to the original plan, which is his choice to do. 

Your poor dad seems to be stuck in the middle of you all. Even if the LPA was cancelled by your brother, your dad could still have revoked it at any time anyway, which sounds like he now wants to do. 

By saying you want to be on there for checks and balances you’re effectively saying you don’t trust your brother and you think he’s going to be doing something dodgy with the money. Is there history between you and your brother by any chance?

It really isn’t about being fair to all of you. That isn’t the purpose of an LPA. It’s about what your dad wants, without pressure being put on him by any of you.  

Thanks - have talked to dad since whos advised youngest printed all forms off and told dad where to sign: he thought we were all on there,
He's adamant he didn't apply to remove us however youngest is threatening to leave him without any support if he doesn't remove us, He's said he can't cope on own so needs to give him sole access.
Whoever contacted office impersonating me has committed fraud - that's illegal. 
Dad also has had teeth mysteriously drop out in last few days and is not looking well. I'm really concerned that youngest is manipulating and abusing Dad and Dad is very frightened and scared.

If you have serious concerns on abuse then you need to report.

It could be that the youngest is carrying all the caring responsibilities for Dad and feels that in an emergency he wants to be in a position to make decisions without having to consult the family.

tooldle

How is Dad cognitively? Might it be Dad and not brother who called OPG? 

Keep_pedalling

silvercar said:

JuliaMary_2 said:

elsien said:

Brother can’t have set up the first LPA as attorney without your dad’s consent. There is no legal obligation for LPA to inform anyone else at all. If the person doesn’t want to. 

There is another interpretation, which is that your dad was fine with how things were, agreed to have you and your other brother added on for peace and quiet, and now has decided to revert back to the original plan, which is his choice to do. 

Your poor dad seems to be stuck in the middle of you all. Even if the LPA was cancelled by your brother, your dad could still have revoked it at any time anyway, which sounds like he now wants to do. 

By saying you want to be on there for checks and balances you’re effectively saying you don’t trust your brother and you think he’s going to be doing something dodgy with the money. Is there history between you and your brother by any chance?

It really isn’t about being fair to all of you. That isn’t the purpose of an LPA. It’s about what your dad wants, without pressure being put on him by any of you.  

Thanks - have talked to dad since whos advised youngest printed all forms off and told dad where to sign: he thought we were all on there,
He's adamant he didn't apply to remove us however youngest is threatening to leave him without any support if he doesn't remove us, He's said he can't cope on own so needs to give him sole access.
Whoever contacted office impersonating me has committed fraud - that's illegal. 
Dad also has had teeth mysteriously drop out in last few days and is not looking well. I'm really concerned that youngest is manipulating and abusing Dad and Dad is very frightened and scared.

It could be that the youngest is carrying all the caring responsibilities for Dad and feels that in an emergency he wants to be in a position to make decisions without having to consult the family.

That would only be an issue if the new LPA had opted for all attorneys to act jointly which in 99% of cases would be a mistake.