Will/dementia /will and business

[Jowaldo]

hi*

my mum and my step dad have dementia my stepdad is in a home and mum is being cared for in the marital home, where her and my step dad lived happily together for 40 years .


my step dad owns a business that has rental properties and the house him and mum lived/lives in is owned by the business.




I am my mums power of atterney and my step sister is my step dads deputy,as he was not able to sign a power of atterney so my step sister applied through the court of protection. My step sister and I have a very strained relationship, which at best can only be discribed as tolerable of each other.




Mum and dad made a will years ago when they were Both of sound mind, making my husband the sole executor.

Who ever dies first, the surviving spouse becomes the sole benefactor, and then on the death of the remaining spouse everything is to be split between the 3 grandchildren,made up of my step sisters daughter,and my 2 children.




The problem I have is**my step sister is telling my mum the house she lives in is not hers and never will be because she has made herself director of the business

How does mum stand if anything happens to her husband , my step dad.

Can my step sister change his will or make mum move out at any point *or can she change the executor of the will.




My sep sister is telling everyone who will listen that my mum has hated her for the last 40 years and never treated her well.

I am afraid she will not carry out my step dads and my mums wishes*




Any advice /reassurance is welcome please

As my mum is worried
*

[ostell]

If the wills were made while of sound mind then she can't override the provisions?**

Being a director of the company doesn't* give her the right to the companies assets.* Find out how she she made herself a director.* Looking at Companies House website might help, the documents might show when and who acted to make her a director.

*

[des8]

Cease worrying.

Someone with a power of attorney ("the Attorney") certainly can not change the Will of the person for whom they have power of attorney ("the Donor") over if that person lacks mental capacity or indeed still has mental capacity.

Likewise, if the Donor has died, then the Power of Attorney ceases to have any effect, so the Attorney no longer has any power to act on behalf of the Donor.

*