Facts around Will and trust, abuse of vulnerable people

LPAWILLSABUSE

My parents changed their Wills 48 hours before Mum went into a dementia home, and a month before Dad died as predicted.  The main reason for the change was to protect the estate from care home fees.  My Mum did not need to update Will as Dad was dying.  This appears to be a deliberate attempt at depreciation of assets. With Mum in a dementia home the house now empty, there is the complex of up keep of house and expenses.
At the time of the Will, my Mum who had severe dementia five years had just come out of hospital from a major stroke and now acutely ill with a UTI and possible extension of the stroke that the doctor wanted to admit her to hospital claiming that she could not retain information to make a decision.  Four hours later a para legal claims she has no memory or cognitive impairment despite not knowing grand children, daughter in law how to spell sons name, had no idea where her current account was or how much money she had or where it was, plus numerous other mistakes.
Also Para legal got her to sign blank LPA form.

Does this sound remotely legitimate, the SRA have concluded it is ok to avoid care home fees and you have have no memory, and have dementia and be unable to retain information and no idea of family or estate value and do LPA and Will changes when unnecessary. Even the CEO of the SRA seems to think this is ok.
Where next?
 

Keep_pedalling

It is not classed is DDoA for someone to leave their sole assets to someone other than their spouse.

Did your parents own their house jointly? 

bobster2

If your father changed his will so that he left nothing to your mother - then it's not "deprivation of assets" that's a concern. It's the Inheritance (Provision for Family & Dependants) Act 1975 that could be an issue - if she was financially dependent on him.

If the local authority is funding her care - they might be interested in pursuing a case, using this act, to obtain funds from your father's estate. It's rare - but they have been known to pursue cases like this if the sums are significant.

Nearlyold

Who engaged the para legal. Is there some sort of family dispute surrounding your concerns. Are there family members or others who will either gain or lose by your parents action

Keep_pedalling

What happened with your mother sounds very wrong, she does not have the capacity to change her will not to set up an LPA. Getting to sign a blank form would be fraud if that application is completed and submitted to the OPG. 

Does she have a designated social worker you can report your concerns to?

poseidon1

LPAWILLSABUSE said:

My parents changed their Wills 48 hours before Mum went into a dementia home, and a month before Dad died as predicted.  The main reason for the change was to protect the estate from care home fees.  My Mum did not need to update Will as Dad was dying.  This appears to be a deliberate attempt at depreciation of assets. With Mum in a dementia home the house now empty, there is the complex of up keep of house and expenses.
At the time of the Will, my Mum who had severe dementia five years had just come out of hospital from a major stroke and now acutely ill with a UTI and possible extension of the stroke that the doctor wanted to admit her to hospital claiming that she could not retain information to make a decision.  Four hours later a para legal claims she has no memory or cognitive impairment despite not knowing grand children, daughter in law how to spell sons name, had no idea where her current account was or how much money she had or where it was, plus numerous other mistakes.
Also Para legal got her to sign blank LPA form.

Does this sound remotely legitimate, the SRA have concluded it is ok to avoid care home fees and you have have no memory, and have dementia and be unable to retain information and no idea of family or estate value and do LPA and Will changes when unnecessary. Even the CEO of the SRA seems to think this is ok.
Where next?
 

You do not explain in what ways the wills were changed and whether your mother was disinherited under you fathers will.

If she was entirely disinherited and left with little or no resources of her own going forward then as outlined by @bobster2 an action under the Inheritance ( Provision for Family & Dependants) Act 1975 could certainly be in point against your father's estate with the Local Authority playing a role if she is in funded care.

A bit more information on the financial consequences of the will changes and who directly benefited from the changes would be useful.

elsien

it sounds as if you’ve already gone through the solicitors complaints route if you’re talking about the SRA. 

If the LPA is still going through then simply report your concerns to the office of the public guardian.
Otherwise, it is very unclear from your post what the will issue actually is because with your mother in a care home and your father passed away then yes there is going to be a property to sort out?