POA and Executor

chicken888

I have a complicated history with my family. My brother was the golden child. He and I took over the family business but our relationship broke down due to his inability to work! I sold my half to him after he wouldn't sell to me. We have not spoken in 20 years. My parents have always been a little scared of him and always did a lot for him. They did not do the same for me and after a lot of abuse I choose to keep my distance. I also care for my eldest brother who has Autism. My Mother was diagnosed with Alzheimers 3 years ago . My father who is 90 and fit and well has been caring for her. It came to a head when mum became doubly incontinent and I stepped in to sort out carers for them. I have been doing all the care admin and was recently asked about POA. My father told me he and my brother have POA. No one has POA over my father. I asked my Father to seek advice from a solicitor, who has suggested that we are not appointed as joint POA.
Their wills mirror each other leaving their estate in its entirety to each other if one should die. Mothers cannot be changed as she now does not have capacity. My father has suggested I am POA for health over my mother and my brother is finance with a possible 3rd party to oversee my interest as I do not trust him. My Father knows I will do what's best for them both which is why he wants me to do health but is too scared not to give my brother Finance . 
It is a total mess and I knew it was coming but my father always buried his head in the sand. He has asked me what I suggest and would be happy with. They will leave a substantial sum and I just want to be sure that my brother is not able to cut me out one way or another.
Anyone been in a similar situation or can give any advice please.

Flugelhorn

"My father has suggested I am POA for health over my mother and my brother is finance with a possible 3rd party to oversee my interest as I do not trust him. "

do you mean POA over Father? - you can 't  change POA for mother now 

chicken888

yes sorry POA health for my father .

badmemory

Whoever has POA is supposed to have the best interests of your father as their priority.  Does your father really think that your brother will have your father's interests in mind or his own inheritance.  Think an over my dead body care home.  You will not be able to ensure his goes into the best one because your brother could refuse to pay.  I suggest you take advice hopefully I am incorrect.

chicken888

Unfortunately that is what I am afraid off and I won't be able to do anything !

sheramber

Remember POA ceases on death. 

Does your father deal with his own finances at present?

It sounds like it would be better  if you had both health and finance for your father.

Who is executor of their wills?

Does your father’s will have provision if your mother dies before him?

chicken888

Yes he does deal with his finances. he saw a solicitor today who said he needed to put any money left to my mum ( if he goes first) into a trust which my brother would be the trustee and the same for my brother with autism and I would be trustee. He's asked me what I would be comfortable with. I just want the best for both of them in terms of care but I also dont want to be used to do all their care and then my brother be left with all  the financial say so and I won't be able to do anything about what he decides. 

elsien

it doesn’t really work having two people who are at loggerheads with one having health and one having finance LPA. 

Because some important health and welfare decisions, such as potentially what care home the person goes in or who provides the care at home, needs the finance LPA to pay for it. 

Any dispute about best interest is going to end up with the OPG and will take months to resolve.
Your Father really needs to have the same person for health and wealth and finances in the circumstances, whoever that might be. it’s not going to work having two different people who simply can’t communicate.