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Query over Power of Attorney ( missing money)

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  • Query over Power of Attorney ( missing money)

    My nan passed away in 2010 followed by her husband in 2014. They had 2 sons who were POA whilst my grandad was in a care home with vascular dementia, my dad's brother who had terminal cancer changed the will before Grandad had dent I think to leave his share of the estate to his 3 children One of his daughters was also POA for my grandad.
    After my dad's brother had dies and my dad took on the bank statements and finances he noticed that on average £500 had been take out of the account each month over 22 months and there was never any sign of my nan's jewellery. Given that my dad's brother had died prematurely my dad chose to let this go and split the sale of granddad's house with about 6k left over which he has kept.
    We have had a snotty email demanding my dad evidence everything he has spent and breakdown in detail my granddad's care costs clothing costs ultility bills, premium bonds etc. My dad has then revealed what his brother had done to his brother's children and again another snotty email accusing him of making false allegations and borrowing money from his brother.

    We have produced all this evidence and are also sending the bank statements so the children can see how much their father was drawing out, but from another family friend we have been told he was constantly giving handouts to his daughter who was POA and apparently paid off her mortgage. The missing monies total nearly £11000.

    Assuming she did know what was going on we have written a professional letter with all documents including part C of the attorney form and outlined their legal obligation as POA, even if she did't we have asked for financial proof of all accounts associated with her, her siblings and her father. My father has been transparent from the moment he took over the finances, her father was the complete opposition, we are going this email will make her back down before her siblings find out that her dad has paid her mortgage off ! Any advice
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  • #2
    Re: Query over Power of Attorney ( missing money)

    Presumably the POA was registered with the OPG at the point your grandad became mentally incapacitated?

    If so, tell whoever it is that is moaning that if they are dissatisfied with the way your dad discharged his duty as Attorney to make complaint and present their evidence of wrongdoing to the OPG - there MAY be an investigation if they have any evidence, but from what you say, your dad has nothing to fear.

    Comment


    • #3
      Re: Query over Power of Attorney ( missing money)

      I am usually just a lurker these days but I don't think I can just let this one go by without some comment. We have been through this from two angles in recent years. Hence livforlaw, I hope that you won't mind me playing Devil's Advocate. I am not asking you to post further details here but am trying to get you to answer the questions honestly with yourself. Family matters such as these WILL become acrimonious and you have to put family loyalties behind you and be prepared to deal the "killer" blow as the opposition certainly will do so.

      Firstly I think that you need to establish exactly the legal position that you/your father are in. What is the Power of Attorney you are talking about. Is it an old Enduring Power of Attorney or is it the latest version called a Lasting Power of Attorney. If the latter it will be in two parts, one concerning your GF's finances , the other will concern his health and welfare. The forms are about an inch thick each and even lawyers get it wrong. The Court of Protection will throw them out for the slightest reason. If an attempt was made to get these (either or/ one of them) after your GF was diagnosed formally with dementia then it is highly unlikely that the court would have granted them. A person MUST be compos mentis in Law to sign such a document. My own elder brother who read for the Bar specialising in Contract Law sought professional legal advice from a family law specialist when trying to sort out these documents for a partner and her father. Hence it is highly likely that a lawyer has been involved and I would humbly suggest that you find out who that is and get them instructed by yourselves before the opposition do.

      Secondly, it might be that the parties concerned have been appointed "deputies" by the court rather than them having a Lasting Power of Attorney. Again this is normally only granted for financial purposes and a deputy has to return to the court for anything additional (called ASPECTS) if problems with the subject's care like abuse, or neglect come to light. It is the deputy's responsibility to bring these matters before the court. or more easily via the support teams at the Office of the Public Guardian. Someone will have been appointed if this has all been done correctly. How do I know? Well as I said, we have just been through it a couple of years or so ago for my wife's younger brother (now 60) who has been mentally disabled since birth. Despite only having a formal diagnosis at the time of "learning difficulties" the Court were not prepared to grant any form of Lasting Power of Attorney on the grounds of his incapacity to understand what he was signing. we had to further go to court to get two siblings appointed as deputies. Not cheap.

      Certainly if the latter records and accounts would have to be deposited with the OPG on an annual basis and their records will be available to your father as an appointee if that is the legal position.

      These matters are extremely complex and as a vulnerable person was involved the court will take a dim view of any shenanigans financially. It is unwise in my humble view to mention the paying off of your cousin's mortgage. That cannot be proven to have come from the estate it would seem to me. You should be aware that the provisions of POAs and Deputy-ships allow for reasonable expenses to be paid to them from the assets of the subject person. Most families with any ethics and moral backbone do not do so. However in our case the benefits that my BIL had accrued were ordered by the court to pay the costs of the Court ( his "savings" were too high for waiver) and some was used to pay for the legal advice for which we found a specialist in family law specifically expert in and dealing with vulnerable adults.

      Hence I would suggest getting proper legal advice. These matters are NOT simple regardless of what anyone will tell you. Check, check, and check again the documents that you have.

      regards

      Comment


      • #4
        Re: Query over Power of Attorney ( missing money)

        Oh and something I forgot to say when checking out our paperwork. The Power of Attorney or Deputy-ship for your grandfather's affairs will NOT and CANNOT pass by inheritance to your cousin regardless of wills.. It will be the surviving party/parties to the original order. It is the matter of a court order and they are unlikely to obtain a variance.

        regards

        Comment


        • #5
          Re: Query over Power of Attorney ( missing money)

          As wills have been mentioned you have to ask who were/are the executors of the will(s)? Was the value of the estate (which is the total) above the tax threshholds? When and how was probate obtained?

          Like I said once a will or legacy starts to be contested as in this case, it gets messy and all the ducks need to be lined up.

          regards

          Comment


          • #6
            Re: Query over Power of Attorney ( missing money)

            The phrase 'blast from the past' comes to mind.

            Comment

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