taken advantage of!

loopylou10

There is no nice way to put it.

Basically, 3 family members have took advantage of their dying mother in last year of her life. 

In the last year or so, these family members has forced/ bullied their mothers husband out of his marital home which he shared with their mum of 30+ year. Branding him "a money grabbing thief"

appointed one of them to be power of attorney, so they could put the house up for sale, for their own financial gain. (however the husband has managed to put a stop the house being sold right now) 

2 weeks before their mother's death, they all emptied her bank account, again for their own financial gain.

However, i believe their mother didn't have the capacity to agree to any of this whilst she was living in a care home, due to ill health/ end of life condition. 

(yes this has been reported) 

my main question is, where does her husband stand with all of this? 

loopylou10

i will add, that the house was bought by their mother before her marriage to the man in question. 
the husband also signed a prenup. 

Brie

a person can't appoint themselves to have power of attorney.  the person they are supposedly helping needs to agree to this.  If they didn't then the police and local authority should be contacted regarding the fraud and how social services might assist someone who is vulnerable.  

Adult social care | Local Government Association

As for where her husband stands.....does he own, at least in part, the marital home?  Is he of sound mind?  

If the mother had owned the house wholely and left it to her husband in her will then her children have no say over what happens.  If she didn't have a will but was married (rather than having a partner) then the house becomes his and again the children have no say.

The fact that the children are not happy about the situation is a problem of their own making and they shouldn't be allowed to bully the husband into doing something that he does not want to do.

Mark_d

I believe the LPA has to be executed according to the mother's wishes or at least in her interest.  Surely she would not have wanted to kick her husband of 30+ years out of his home!

I expect that the finances and property were likely jointly owned by the mother and her husband...in which case the family members are abusing the position under the LPA.  I would recommend specialist legal advice

Brie

Mark_d said:

I believe the LPA has to be executed according to the mother's wishes or at least in her interest.  Surely she would not have wanted to kick her husband of 30+ years out of his home!

I expect that the finances and property were likely jointly owned by the mother and her husband...in which case the family members are abusing the position under the LPA.  I would recommend specialist legal advice

If the LPA was for the mother then that ends with her death.  I understood that the husband was kicked out after and had commented on the basis that the POA that was referred to was one they'd magiked up for him.

loopylou10

sorry, i can not edit my posts, the house was bought before her marriage to this man, however they were married and lived together in the house for 30+ years.

i am unsure whether their mother was assessed for capacity, however i do know that their mother often experienced delirium and confusion, but somehow they got her to sign over the power of attorney to their eldest sibling. 

Smudgeismydog

loopylou10 said:

sorry, i can not edit my posts, the house was bought before her marriage to this man, however they were married and lived together in the house for 30+ years.

i am unsure whether their mother was assessed for capacity, however i do know that their mother often experienced delirium and confusion, but somehow they got her to sign over the power of attorney to their eldest sibling. 

As Brie noted, an LPA ceases on death. Did mum have a will? If so, who are the executors? 

Clive_Woody

loopylou10 said:

i will add, that the house was bought by their mother before her marriage to the man in question. 
the husband also signed a prenup. 

What does the prenup say? Who did your mum leave the house/assets to in her will?

The LPA is now obsolete on her death so the executors of her will should take control of assets I believe.

RAS

Was there a will? If so, who are the executors?

If not, then the husband needs to get his skates on and apply urgently.

Does the husband understand that he can make a claim under Inheritance Act if adequate provision has not been made? But only has 6 months after probate is granted? 

Where is the husband living now, and who is in the house?

Any pensions or insurance?