Lasting power of attorney and probate

[Maria1967]

My sister and her husband have a Lasting power of attorney over our father. I felt very uncomfortable not being joint Power of Attorney with my sister at the time our father made the decision. Even though he had not been declared mentally incapable at that time, it was only about six months later this happened. I have to question whether he was really in a sound state of mind to make the decision we all could see signs of dementia. I made my discomfort know to the family but never received an official letter from the court to note an objection.

Moving forward a few years. He is well cared for, but disagreements are arising. I have no evidence of miss goings on, but from what she has told me the care cost seems extremely high and some rather large projects have been undertaken to the property. Which does make me worried that without knowing first hand what's happening that the money is being drained out of the estate. My sister is saying she has the power to do what she wants, to the point that I have to ask her permission before visiting or if I want to stay in the house. This seems crazy, but I'm not sure where I stand legally.

I don't want to cause unnecessary arguments but I am becoming stressed not knowing where I stand and the state of things. A few questions:

Does the office of public guardian review LPA goings on as a matter of course, in relation to financial spending and big decisions? Or does this only happen is a complaint or concern is made?

If the expenses claimed as LPA are unreasonable or not valid can this be reconciled during probate when we are both executors to the will and audit the financial accounts for the estate?

During probate how much power is there review the spending of an LPA in relation to the estate? If her spending was not in the best of our father.

Can she pay herself a fee for acting as lasting power of attorney?

Thanks for any advice or insights.

[ostell]

Re: Lasting power of attorney and probate

Contact the office of Public guardian and find out exactly what form of LPA your sister has. It can be done on their website, there may be a small fee. The choice is for property and finance or Health and welfare, or possibly both. If it's for Property and Finance only then your sister can not prevent you from seeing your father. You may care to apply for an LPA for health and welfare, though it may cost. You can also file an objection to your sister being given an LPA for health and welfare.

The OPG can investigate complaints of misuse of an LPA, they have a lot of power. It's a long journey but eventually they will take notice of you if you can voice your suspicions.

My wife had these sort of problems with getting to see her aunt. Her cousin didn't want her to visit because she, and her sister, could see what wasn't being done to protect her. We confirmed with the OPG that the LPA was just for property and finance (we have a copy of the certificate). Her cousin got his solicitor to write to us forbidding my wife to visit her aunt, with threats of dire consequences. Wrote back pointing out that the LPA was for property and finance only and asked the solicitor to specify under what authority could they refuse access. No more was heard.

Having the details of the LPA also helped in the dealings with the local social services.

[Maria1967]

Re: Lasting power of attorney and probate

Thank you for all your advice it's very helpful. I’m pretty sure she has both property and finance plus Health and welfare, but it could be worth checking this officially. She manages all the care arrangements and medical needs. I’m trying to tread carefully and not start a family war, and at this moment I don’t feel making a formal complaint is anyone best interest.


If anyone could offer any experience/insight with the other question that would be really appreciated.

[enaid]

Re: Lasting power of attorney and probate

Once the person has passed away the LPA finishes, then it becomes the executors responsibility to distribute the estate as is wished in the will or if there is no will then intestate rules will apply
https://www.gov.uk/inherits-someone-dies-without-will

If you have any worries that your sister and brother in law are spending dads money and it is not in his best interest you should notify the Public Guardians office that is what they are there for.
https://www.gov.uk/report-concern-about-attorney-deputy.

Your sister can take a reasonable amount to cover her expenses in dealing with matters for your dad, this again if you have concerns should be reported.

[stevemLS]

Re: Lasting power of attorney and probate

The OPG do not routinely monitor how an attorney conducts the affairs of a donor, in contrast to a court appointed Deputy.

It is not now possible for you to apply to be appointed as an attorney, given that your father has lost capacity.

How an attorney has dealt with your father's money now will generally have no influence on how Probate is dealt with or on distribution of the estate, the estate is what the estate is - however, if serious wrongdoing could be shown to have taken place, the estate might have a claim against the attorney.

[Elshell]

Re: Lasting power of attorney and probate

I know you said that you didn't want to make an official complaint but i would suggest that you report this to the local authority adult social care as a safeguarding incident, as it suggests financial abuse.

How high are they suggesting the care costs are?