New member. Hope this is right forum.

Percybridge

Sloughflint, it was not your post that caused the upset. I found your post to be extremely useful. The solicitor was very complimentary! (do you want a job)
It was one post really that caused upset.
Maybe my grandmother is sensitive, but she is in her 90s. I feel stuck in the middle really, as it was my grandmother who pursuaded me to accept this position as she thought that it would help heal the rift. I agreed to do it hoping the same thing, but the family now cannot decide whether or not I am sympathetic to their position. Now look at the mess I am in!
I agree that everyone makes their mind up about somethings without really knowing the fact (I know I do sometimes) but most people have the sense to say nothing.

sloughflint

The children have in the past loaned their mother large amounts of money when her investments were tied up etc and were told after it was loaned "well you will get it back when I go". I can therefore sympathise with them on this point.

The children were perhaps unwise if they thought that the loan was just that.
I too sympathise but with hindsight perhaps it should have been structured in a way ( legally binding). I'm really no expert but if I had been in that situation, I would have looked into it very carefully.
They have made a bit of a mistake but shouldn't be putting the pressure on you in your role.
I wonder if the solicitor can help with the safeguarding of the 'loans' and therefore take the pressure off your POA role?

JohnnieW

I am glad that you went to a solicitor to sort things out percybridge. There really is no substitute for professional help.
Sloughflint has some wise words about writing things down and safeguarding the loans to take pressure off your power of attorney role.
You would probably need some sort of documentation about the loan just in case your aunt has changed her will and left everything to the cat and dog home!
Charities can be very hot on contesting wills and can kick up quite a stink if they believe you have not acted in the best interest of the donor of the poa, and thus depriving them of their entitlement. I have known them to be quite ruthless. Amazing really for a charity isn't it, but I suppose they would argue that they are acting in the interest of the beneficiaries of the charity.
Best of luck and I hope your relative was not too upset about the other posts.

Savvy_Sue

JohnnieW wrote: »

Charities can be very hot on contesting wills and can kick up quite a stink if they believe you have not acted in the best interest of the donor of the poa, and thus depriving them of their entitlement. I have known them to be quite ruthless. Amazing really for a charity isn't it, but I suppose they would argue that they are acting in the interest of the beneficiaries of the charity.

Charity Trustees have a legal obligation to work for the best interests of the charity, and must act if money has been promised to them which has not materialised.

I have never heard of a charity challenging what was done before someone died (although I'm not saying it doesn't happen), but I have heard of them pressurising executors to make good on bequests. In the case I heard about, the sale of a property was taking a long time and the charity was pressing the executors to fulfil the terms of the will and make the bequest.

If a bequest to charity cannot be made after someone has had a POA for some years, then it might be seen as negligent if the trustees did not at least ask for evidence that the money was spent appropriately. However, I can't help feeling that it would have to be a sizeable bequest before a lot of time and energy was spent on it.

The most ruthless thing I've had to do is phone a local 6th form which had run a Fashion Show to raise funds for our work and ask where the money had got to! 6 months after the event, I was concerned that the pupils who knew anything about it would be leaving and no-one would know what we were talking about!

JohnnieW

You are right Savvy Sue, the amount of time the charity spends on it depends on how much it is, but I have known charities fight tooth and nail for every last penny.
I can imagine you having to do that with the sixth form! How awful for you!

The most ruthless thing I had to deal with, was where a relative had left a life interest in a sizable trust to a disabled girl and after her death it was to go to a large and well known charity. I think the trustees had power to give capital to the girl for any reason during her life also.

When the girl died, I cannot remember whether it was her mother or her aunt who asked that the trust provide a headstone for her.

I spoke to the charity, and they said no. The money was for life, and the girl was dead now. They were quite within their legal rights of course, but how awful.

Telling the relative was terrible, and I came in for a fair bit of abuse.

Savvy_Sue

JohnnieW wrote: »

You are right Savvy Sue, the amount of time the charity spends on it depends on how much it is, but I have known charities fight tooth and nail for every last penny.
I can imagine you having to do that with the sixth form! How awful for you!

Actually it wasn't so bad. It's the 6th form my son goes to, although he wasn't involved. The receptionist was very understanding!

I'm not aware of any bequests having been made to the charity I work for - I think there are some coming our way, just not yet! It's not something we've pushed as a way of raising funds.