LPA and Executors

Alifats

I am of the understanding that as executors we would need to have the information on all gifts paid out of her finances to establish if there was any IHT to be paid but obviously we cannot establish this as we have no idea of what her estate is worth as he cleared out all her bank accounts that she had to reduce them  to a near on zero balance. £1.98 to be precise he is saying that is what her estate is valued at 

Alifats

I suppose all I really need to know is 
1: Is he legally obliged to show records of management of her finances so that we can establish if she has an estate
2 As her LPA should he provide records of gifts he took so that we can firstly establish the legalities in that and if he should be paying IHT 
3 Is he responsible for paying the DWP debt I know they have said we aren't liable as executors
4: We know he has taken her money as he emptied her account that she had in her name . But as her carer we also know he could potentially justify these actions as cost for care needs albeit he had no help go in. Also her wishes when she was of sound mind was to ensure that all her children were to benefit from her estate. So we know she would never of gifted him these large sums of money. 
5 More importantly we need to buy her plot where she is buried to place a headstone , He is even refusing to sign to agree the grantee as he wants this right for himself and him alone. that was not our mothers wishes either 

We just want to fulfil her wishes and act on her will which she made when she was of sound mind.

DE_612183

as LPA you are supposed to keep money separate and keep records - what options are to enforce that I don't know sorry...

The problem you have is that with an LPA you have handed over responsibility for all financial dealings to somebody else, and the assumption is that this will not be abused.

Alifats

So it is really looking like he has abused his authority and stole her money and there is little we can do about it unless we go down the legal route and I know most aren't interested as it is a family civil matter. We cant afford solicitors and he knows this. I cant see the point of going to the police I don't think they will do much . It is so wrong 

NedS

Looking on google gives multiple pages with advice along the lines of the following when you believe an attorney is not acting appropriately:

https://www.girlings.com/latest/can-a-lasting-power-of-attorney-be-challenged

The Office of Public Guardian can investigate the actions of an Attorney and can direct an official of the Court to visit an attorney to investigate the concerns. The Office of Public Guardian can then choose to remove the attorney from the LPA if they have sufficient evidence to do so. In some serious cases, the Court of Protection can cancel an LPA or take action against the attorney.

https://www.gov.uk/government/organisations/office-of-the-public-guardian

You can report a concern online here:

https://www.gov.uk/report-concern-about-attorney-deputy-guardian

doodling

Hi,

Do you know where the deceased had accounts?

What have those financial organisations said when you have presented a death certificate, a copy of the will and your ID and asked for copies of their bank statements for the last 6 years?

Note hat getting those statements is only a tiny part of your challenge.  If you think that any of those transactions are inappropriate then you will need to prove it and pursue highly expensive and risky legal action to recover any money.

Savvy_Sue

I posted something last night but it vanished.

It is possible that the brother's actions in having pension and any other DWP payments paid into an account in his own name were not necessarily inappropriate: if someone can't manage their own affairs, then you can be someone's Appointee for these purposes. I do not know what the legal situation is after death, when executors still need to know what's in this Appointee account, but it might be worth approaching the banks' bereavement department again with that specific question. https://www.gov.uk/become-appointee-for-someone-claiming-benefits

Ah, there's an interesting statement on that page: 

If the benefit is overpaid, depending on the circumstances, you could be held responsible.

I cannot see that an overpayment of state pension or other benefit should come from any other account!

If Mum was living with brother, then £250 per month towards the household expenses seems entirely reasonable. Plus, of course, clothing, chiropodist, dentist, hairdresser, toiletries should be covered from such an account. 

Having said that, if I'd had LPA but was not an Executor, then I would go out of my way to demonstrate that my actions had been entirely above board, and it seems brother does not wish to do that, which speaks volumes. And if he has used the LPA to close any of Mum's other accounts and move the money into his own name, that is seriously wrong. 

It is perhaps a shame that if you realised this was going on before she died, no action was taken. 

I'm just wondering, are the other three siblings aware of what's been going on, and would an united visit from the five of you cause him to reflect on his behaviour? 

elsien

NedS said:

Looking on google gives multiple pages with advice along the lines of the following when you believe an attorney is not acting appropriately:

https://www.girlings.com/latest/can-a-lasting-power-of-attorney-be-challenged

The Office of Public Guardian can investigate the actions of an Attorney and can direct an official of the Court to visit an attorney to investigate the concerns. The Office of Public Guardian can then choose to remove the attorney from the LPA if they have sufficient evidence to do so. In some serious cases, the Court of Protection can cancel an LPA or take action against the attorney.

https://www.gov.uk/government/organisations/office-of-the-public-guardian

You can report a concern online here:

https://www.gov.uk/report-concern-about-attorney-deputy-guardian

Less relevant when the person in question has died and the LPA has ended.
The OPG is understaffed and and it is very hard to persuade them to look into concerns after someone has passed away. Not Saying don’t try, what I am saying is be realistic about the outcome.