Father's Power of Attorney - Need Advice

[Lucky7even]

Has your father made a Will Lucky7 ?

 

Andy

 

Yes he has but he has changed it many times.

 

His sister told him some time ago before they fell out that the father had written my partner out of it and had gone against the wishes of his mother who died many years ago as she wanted them to have equal share in what was left.

 

Should we request a copy of that from solicitor?

[AndyOrch]

I would....just to make sure all is in order and who is named as executor.

[Lucky7even]

I would....just to make sure all is in order and who is named as executor.

 

What happens if the solicitor refuse my partner a copy?

[AndyOrch]

Ask his father or Sister if the Sol refuses but why would he?.... It is important to note that you are not entitled to see the will of a person that is still alive even if you are an eligible person.

[Lucky7even]

Ask his father or Sister if the Sol refuses but why would he?.... It is important to note that you are not entitled to see the will of a person that is still alive even if you are an eligible person.

 

My partner and sister are not on speaking terms.

 

I shall send a request, but I will need to speak to the CAB on Monday for further advice.

[goodatresearch]

Your partner can contact his sister through the solicitor, so don't worry about speaking to her directly.

 

 

CAB may not be able to help. It all depends on the individual knowledge of the advisor.

 

The following may help: -

 

1). You don't need medical evidence to register an EPA so your FIL might not be mentally incapable. Your SIL may be saying he is because he's a bit forgetful with age but that is not the same as being mentally incapable. I'd check for myself. Your partner could speak to his father and judge for himself and then confirm with the medical staff at the home. As a son he's as much right to medical information as his sister. The EPA should not be registered if he not mentally incapable or not expected to become mentally incapable.

 

2). If mentally incapable, when did this occur because if he made the Will when he was mentally incapable then its invalid.

 

3). Although your not usually entitled to a copy of a living persons Will, as an Attorney I think you would be. Ask the solicitor for a copy.

 

4). Ask the solicitor for full accounts since 2004. As an Attorney your partner is entitled to know what she's being doing with his money/property, and as an Attorney she's obliged to keep full records.

 

5). Does the EPA document say that the Attorneys can act individually or should act jointly i.e. jointly and severally. If she required your partners explicit agreement and she's being dealing with financial matters alone, then she's in trouble.

 

6). I'd also be checking whether your FIL nursing home fees are self funded or paid by the NHS. If self funded than in certain circumstances this can be challenged.

 

I know this is a lot of questions, but your not only protecting your own position but that of your FIL. I'm sure you don't want him taken advantage of because he's ill and old.

Edited October 17, 2014 by goodatresearch
predictive text

[Lucky7even]

Your partner can contact his sister through the solicitor, so don't worry about speaking to her directly.

 

 

CAB may not be able to help. It all depends on the individual knowledge of the advisor.

 

The following may help: -

 

1). You don't need medical evidence to register an EPA so your FIL might not be mentally incapable. Your SIL may be saying he is because he's a bit forgetful with age but that is not the same as being mentally incapable. I'd check for myself. Your partner could speak to his father and judge for himself and then confirm with the medical staff at the home. As a son he's as much right to medical information as his sister. The EPA should not be registered if he not mentally incapable or not expected to become mentally incapable.

 

2). If mentally incapable, when did this occur because if he made the Will when he was mentally incapable then its invalid.

 

3). Although your not usually entitled to a copy of a living persons Will, as an Attorney I think you would be. Ask the solicitor for a copy.

 

4). Ask the solicitor for full accounts since 2004. As an Attorney your partner is entitled to know what she's being doing with his money/property, and as an Attorney she's obliged to keep full records.

 

5). Does the EPA document say that the Attorneys can act individually or should act jointly i.e. jointly and severally. If she required your partners explicit agreement and she's being dealing with financial matters alone, then she's in trouble.

 

6). I'd also be checking whether your FIL nursing home fees are self funded or paid by the NHS. If self funded than in certain circumstances this can be challenged.

 

I know this is a lot of questions, but your not only protecting your own position but that of your FIL. I'm sure you don't want him taken advantage of because he's I'll and old.

 

Since his latest stroke which was sometime in August this year, my father has had need of care 24 hours a day.

 

He cannot walk, and spends most of his days asleep.

 

When he is awake he can only mutter a yes or a no, so he has clearly lost all mental capacity.

 

When reading through the EPA, It says jointly and several, and in relation all my property and affirs.

 

So basically his sister has been acting on their father's behalf all this time without my partner's consent.

 

What can my partner do about this if this is the case?

 

I am seeing the CAB on Monday for more general advice, and I will be sending a further email to the solicitor to obtain a copy of the will, and to ask for copies of his bank accounts since July 2004.

 

The nursing home has told us that the NHS are funding his care, but his flat needs to be sold.

 

We are worried and am waiting to find out why she wants my partner removed from the document, has she got something to hide!?

 

This makes us wonder!?

[Mr.P]

When reading through the EPA, It says jointly and several, and in relation all my property and affairs.

 

So basically his sister has been acting on their father's behalf all this time without my partner's consent.

 

The sister can act independently, brother's consent is not mandatory although it would have been advisable to confer before making any major decisions.

 

What can my partner do about this if this is the case?The nursing home has told us that the NHS are funding his care, but his flat needs to be sold.

 

I would be asking on what grounds the flat needs to be sold if the NHS is funding all care - If you can get a copy of the will, see what it says about any property.

 

We are worried and am waiting to find out why she wants my partner removed from the document, has she got something to hide!?

 

This makes us wonder!?

 

You would not be alone in this - Going through the accounts might reveal the reason why.

 

As there is a solicitor involved, there will be a cost attached to every letter (s)he sends you - On the bright side, it won't be you or your partner that has to pay the bill.

[goodatresearch]

If it says jointly and severally it means you can do both i.e. can act alone or together.

 

As to mental capacity, because he's had a stroke and only answers yes or no doesn't mean he lost capacity. He could simply be too ill to have a conversation. Does he know who he us, who you are, what's happening. My aunty had a stroke at age 36 and acted exactly the same but it was not deemed that she was mentally incapable. For peace of mind I would broach the subject with the docter dealing with him. Remember its not whether he's to ill to deal with his own affairs its whether his is/will become mentally incapable fir registration to be appropriate.

 

 

As to the NHS paying his fees but them saying the flat has to be sold. This means that when the flat is sold they will take the proceeds to fund care. I think this is wrong and should be challenged. If he needs 24 hour nursing care because of a medical condition, he should be NHS funded. I Will see if I can find any information for you.

 

 

Since his latest stroke which was sometime in August this year, my father has had need of care 24 hours a day.

 

He cannot walk, and spends most of his days asleep.

 

When he is awake he can only mutter a yes or a no, so he has clearly lost all mental capacity.

 

When reading through the EPA, It says jointly and several, and in relation all my property and affirs.

 

So basically his sister has been acting on their father's behalf all this time without my partner's consent.

 

What can my partner do about this if this is the case?

 

I am seeing the CAB on Monday for more general advice, and I will be sending a further email to the solicitor to obtain a copy of the will, and to ask for copies of his bank accounts since July 2004.

 

The nursing home has told us that the NHS are funding his care, but his flat needs to be sold.

 

We are worried and am waiting to find out why she wants my partner removed from the document, has she got something to hide!?

 

This makes us wonder!?

[goodatresearch]

As there is a solicitor involved, there will be a cost attached to every letter (s)he sends you - On the bright side, it won't be you or your partner that has to pay the bill.

 

Yep. Every letter will be costing her a lot if money. Also the solicitor has a duty of care to the donor so he has to make sure everything is above board as if not you may be able to take action against the solicitors firm.

[goodatresearch]

OK. If someone needs continuing nursing care or palliative care rather than social care than the NHS should pay. The test is do they have priority need in one of four categories - breathing, behaviour, medication or altered state of consciousness. This sounds like your dad to me.

 

Unfortunately the medical expert works for the LA and frequently states the NHS shouldn't pay. Many have challenged this but and got all the money back, there is a time limit to claim. However, this doesn't apply to you so you should ask for a copy of the NHS assessment and challenge the decision before they raids your dads money.

[Mr.P]

OK. If someone needs continuing nursing care or palliative care rather than social care than the NHS should pay. The test is do they have priority need in one of four categories - breathing, behaviour, medication or altered state of consciousness.

 

Unfortunately the medical expert works for the LA and frequently states the NHS shouldn't pay. Many have challenged this but and got all the money back, there is a time limit to claim.

 

[Diverting thread slightly] This is of interest to me as I may be fighting a decision along these lines before too long. Do you have any links and case law setting precedent, in particular, anything relating to Alzheimers (especially the obscure forms) ?

[goodatresearch]

Can't post links. Look at the Coughlan court of appeal case (Pamela coughlan) as it deals withNHS continuing care. Also look at the eBook " how to get the NHS to pay for care" by Angela Sherman.

 

If I find anything else I will let you know. Might be an idea to start your own thread.

 

[Diverting thread slightly] This is of interest to me as I may be fighting a decision along these lines before too long. Do you have any links and case law setting precedent, in particular, anything relating to Alzheimers (especially the obscure forms) ?

[Mr.P]

Also look at the eBook " how to get the NHS to pay for care" by Angela Sherman.

 

Thanks for that - It led to a recent ruling that could be helpful if/when the time comes.

[Lucky7even]

OK. If someone needs continuing nursing care or palliative care rather than social care than the NHS should pay. The test is do they have priority need in one of four categories - breathing, behaviour, medication or altered state of consciousness. This sounds like your dad to me.

 

Unfortunately the medical expert works for the LA and frequently states the NHS shouldn't pay. Many have challenged this but and got all the money back, there is a time limit to claim. However, this doesn't apply to you so you should ask for a copy of the NHS assessment and challenge the decision before they raids your dads money.

 

Thanks for that I shall be contacting the solicitor next week with a further letter regarding this matter and to see if this is true.

[Lucky7even]

As there is a solicitor involved, there will be a cost attached to every letter (s)he sends you - On the bright side, it won't be you or your partner that has to pay the bill.

 

I am waiting for the solicitor to respond.

 

I will be sending a further lengthy letter regarding all matters concerned including a copy of his will, a full statement of his accounts, and to see why the flat needs to be sold.

 

Thank you all for the replies and hopefully the CAB might give me more info on what I can and cant ask for!!

[goodatresearch]

Before you see the Sol it might be an idea to look at the information I suggested at #38 and find out the procedure for appealing. I personally wouls be very annoyed if I had to sell my home because I was ill rather than just needing social care and as a result my kids lost their inheritence. Its a form of age discrimination in my view. If your younger and need nursing care they don't tell you to pay for it do they, but pass a certain age and they want all you've worked for.

 

 

Thanks for that I shall be contacting the solicitor next week with a further letter regarding this matter and to see if this is true.

[f16]

Lucky7even;

"You smell a rat". ......

 

I'm with you. !!!

I smell "Gold Digger".

 

"Go get her". Good Luck.

[goodatresearch]

I agree. However there will be no gold to dig if the LA have anything to do with it.

 

 

Lucky7even;

"You smell a rat". ......

 

I'm with you. !!!

I smell "Gold Digger".

 

"Go get her". Good Luck.

[Lucky7even]

I agree. However there will be no gold to dig if the LA have anything to do with it.

 

Thats what we think and I agree with you!!

[f16]

My "middle daughter" (one of three) did a law degree and then her LPC.

 

Her first job was with a "No win no fee" out fit, and she was given the "nursing homes" reclaims and won every case !!!

 

Post # 44 goodatresearch is correct: LA will take ALL they can and more.

 

I'm not suggesting you use a "No win no fee" solicitor.

For what it's worth. My daughter says you have a very strong case.

Good Luck !!

[goodatresearch]

For the nursing home reclaims there is a time limit to register your claim. This is something that you have stop before it begins. In other words look at the process for challenging and start it now.

 

 

 

QUOTE=f16;4633132]My "middle daughter" (one of three) did a law degree and then her LPC.

 

Her first job was with a "No win no fee" out fit, and she was given the "nursing homes" reclaims and won every case !!!

 

Post # 44 goodatresearch is correct: LA will take ALL they can and more.

 

I'm not suggesting you use a "No win no fee" solicitor.

For what it's worth. My daughter says you have a very strong case.

Good Luck !!

[Lucky7even]

For the nursing home reclaims there is a time limit to register your claim. This is something that you have stop before it begins. In other words look at the process for challenging and start it now.

 

 

 

QUOTE=f16;4633132]My "middle daughter" (one of three) did a law degree and then her LPC.

 

Her first job was with a "No win no fee" out fit, and she was given the "nursing homes" reclaims and won every case !!!

 

Post # 44 goodatresearch is correct: LA will take ALL they can and more.

 

I'm not suggesting you use a "No win no fee" solicitor.

For what it's worth. My daughter says you have a very strong case.

Good Luck !!

 

Thanks for that; he hasn't sold the flat yet but am looking into it.

 

Apparently we can appeal against the selling of the flat.

 

Further the CAB told me this afternoon that my partner as her solicitor said he doesnt have to sign the paperwork, and he wont be!!

 

The EPA can still be registered with them both still able to act.

 

The only way she can remove him would be if he abused his position as attorney; which he has not done so!!

 

Because it is her causing the trouble she would have to take him to court and it would cost her money not him!!

 

I another note I received a nasty facebook message from the daughter trying to order my husband to sign the paperwork; this message has been sent to the solicitor!!

 

I didnt reply to it either!!

 

Silly girl!!

[goodatresearch]

Makes you wonder what they're trying to hide. There not going to get any money via the Will if the LA want his money for care and are unchallenged, so why dont they want your partners involvement. Could it be that you'll find out what's been going on since 2004?

 

 

 

Thanks for that; he hasn't sold the flat yet but am looking into it.

 

Apparently we can appeal against the selling of the flat.

 

Further the CAB told me this afternoon that my partner as her solicitor said he doesnt have to sign the paperwork, and he wont be!!

 

The EPA can still be registered with them both still able to act.

 

The only way she can remove him would be if he abused his position as attorney; which he has not done so!!

 

Because it is her causing the trouble she would have to take him to court and it would cost her money not him!!

 

I another note I received a nasty facebook message from the daughter trying to order my husband to sign the paperwork; this message has been sent to the solicitor!!

 

I didnt reply to it either!!

 

Silly girl!!

[Lucky7even]

Solicitor has just sent me an email and she is contacting the S.I.L to find out why the daughter sent me a nasty message!!

 

Stupid girl!!

 

When I get the written response back from the S.I.L, I am going to be asking the following;

 

1) We want a full copy of his care assessment

2) We are asking if possible for a copy of the will

3) We will be requesting from the S.I.L a fullcopy of his accounts since 2004 (which she will have to pay for).

 

So if she wants to carry on with this, its going to cost her a fortune not us!!