Can the a person who has completed IVA be an Executor of a Will?

RAS

https://forums.moneysavingexpert.com/discussion/comment/81931779#Comment_81931779

There are two issues with the £15k transfer. If it was a short-term loan, it might not be an issue re the POA or estate.

If it's not been repaid, then it calls into question both the sisters' understanding of the responsibility of the attorney.

Whether it's a gift or a loan the value has to be added back into the estate on mum's death if within 7 years of it being made.

Your problem is that you do not know if the younger sister has paid back the money.

And you don't have any way of knowing whether mum had the capacity to gift the patchwork pieces. If mum wasn't in a position to use them or sell them herself, generally they'd be regarded as of little value. And whether the money they achieved was ultimately transferred to mum's account.

What's the relationship like between you and mum? And your elder sister? To what extent do you help, or offer to help with mum's needs? Do you visit etc, ever ask if you can take on some tasks?

sheslookinhot

I only see one issue related to the £15k loan. It’s an abuse of the Power Attorney and should be reported to the relevant authorities.

SeanLac

https://forums.moneysavingexpert.com/discussion/comment/81932075#Comment_81932075

Yes I don't have proof that it's been paid back as my elder sister has stopped all bank statements coming to mum's address and she controls all access online. She has been keeping her blind to her banking things and has been very economical with updating her verbally. Re the value of the patchwork pieces - as they number into the hundreds (with some very large pieces of materials), a conservative estimate is that my elder sister's daughter has made several thousand pounds from them by selling them on ebay (which will show the real value) and she has subsequently bought a brand new car. No money has been given back to my mum I think. My mother is still aware of what is going on despite poor memory but the legal issue here is that she is 'deemed' to be lacking mentally capacity purely because the PoA had been registered with the authority. In fact Mum is still doing some small knitting jobs now herself. As the amount of money gained seems to have been considerable then I think permission for those gifts should have been sought from The Court of Protection. My relationship with my mother is very good - I'm her principal carer and we've always had a very good relationship. She doesnt get on with her elder daughter but is ok with the younger one. I live with her and do all the household chores for her and have done so for 4 years now. Recently we now have some support from employed carers for one hour a day at a cost of £800 pm.

SeanLac

https://forums.moneysavingexpert.com/discussion/comment/81932089#Comment_81932089

I think so too as it breached the Office of the Public Guardian guidelines on levels of gifts permitted.