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False accusations

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  • False accusations

    Hi my malicious estranged eldest brother has made a false claim that I've been financially abusing my parents. He used to be my father's sole LPA and executive of their will. My parents changed their will because he made statements that he'd control my Mother's spending in the event of my father dying, saying she'd need to ask permission to buy anything she wanted. My Mum is now the executive of my Dad's will and in the event of them both dying the solicitor will become their executive.

    My other brother and myself have recently become their LPA's due to my eldest brothers threats of controlling behavior. The last time he visited them when they lived at home, he was shouting at them on their doorstep about the will.

    I received a call yesterday originally asking for my Mum, she uses my mobile so people can contact me with hospital appointments for her etc. I informed them she is now in care due to her short term memory being damaged after her sodium levels dropped dangerously. I asked what the call was about, it was a social worker trying to contact my parents with a safeguarding issue related.

    I clarified that I've only recently become one of the LPAs, that I do not have a joint bank account with my parents. The only thing I've done for them is access their account to set up their care home fees, made orders for my Mum from Amazon. During covid they'd have starvec if it wasn't for me arranging online grocery shopping. I've also transferred money to the other LPA who used his cash to purchase food shopping for Mum.

    I've done so much for my parents more than my brothers have. I'm being made into a villain by my childish brother.

    Also the LPA was professionally done by a solicitor and when the will was changed I was not present. I'm also being accused of forcing them to change their will. My parents told me the only changes they made are my brother is no longer the executor and that my estranged half sister was removed and they made a will of wishes for it. I'm being blamed for her being removed too. His inheritance is exactly the same.

    He's even destroyed my relationship with my other brother who's also the other LPA with his vengeful lies. They're causing me so much stress and heartache. I suffer from a condition called FND which is worsened by stress. I just feel rock bottom right now. The social worker will speak to my Mum, who's not fully cognitive and the solicitor who filed the LPAs

    What can I do about these false claims?
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  • #2
    I don't think there's much you can do at this stage other than wait for social services to complete their investigation.

    Did you offer to send social services copies of your mother's bank statements going back as are as they want them? In an allegation of financial abuse that seems like relevant information. If it wasn't discussed call social services and ask them. You may need to add notes to the bank statements explaining what the entries are so that social services can see that all expenditure was in your mother's best interests.

    You are right to have told social services that you do not have a joint bank account with your mother. Under LPA rules your mother's bank account must be a separate account from yours.You cannot open a joint account.

    There's a useful government summary here of what you as the LPA attorney can and can't do. Lasting power of attorney: acting as an attorney: Property and financial affairs attorneys - GOV.UK (www.gov.uk)

    Once that is done and has found the allegations against you false use that as the basis to repair relations with your brother who is joint LPA with you. It'll be important that you can work amicably together.
    Last edited by PallasAthena; 9th June 2023, 11:00:AM.
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

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