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UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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Hi, I need to know if my mothers Power of attorney can overpower

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Hi, I need to know if my mothers Power of attorney can overpower her will? Her LPA is my eldest sister, CW (I have two,SJ, both are older than me) and her husband, MW.

Our mother, JS, has very recently suffered a stroke, and is now residing in a care home, although she is confused at times, she has made it very clear to all concerned that she is very distressed that MW is joint PA of her estate.

When I asked her why she is unhappy about this, she told me that SJ has been fighting MW off for the last three years as he has been trying to push her into having an affair with him, which was after SJ's husband died in early 2009.

Ive spoken to my younger sister about these allegations, and she has confirmed that everything mum has just told me is true.
Nothing has happened, but only because she has refused, Stating that he has tried on many occastions to persuade her to sleep with him, and that he has felt for a long time he has married the wrong sister.

My eldest sister who has joint PA with her husband is unaware of any of this, (As far as I know?) and only that for some reason SJ is reluctant to spend time with her and her husband, unless he is not around at the time.

CW was diagnosed as having lung cancer two years ago, and since having half a lung removed has been in remission.

Natuarally I am reluctant to drop this bomb shell on her for fear of upsetting her, as the consequences of this news would be devestating !

Originally my mother made it known that she wanted me and my eldest sister to be her PA, though I should also add, this was not something she had instigated, it was suggested through my sisters husband? I was reluctant to do this as I'm not good with financing my own affairs, but I agreed to share the responsibilities if that was what mum wanted.

Within a week I recieved a letter from my brother in laws solicitor!
Stating that I was not required to attend his office as the PA had been drawn up and settled, and that my brother in law and my sister would now be acting as our mums PA.

At the time I was ok with this, as our mum seemed alright with sudden change of arragement.
So the matter was dropped.

At the time my younger sister made it clear she would not wish to be mums PA as she was planning to emmigrate to Australia to live with her son, After a couple of visits to Australia she changed her mind, and is still living in England and will continue to do so for the sake of our mum.

SJ, has since told me that the real reason I was not envolved in the PA, was becouse our sister and her husband had told his solicitor that I had been taking money off our mother,that I was not fit to act as PA.
Mum has always been very concerned that I am ok for money, even when I have told her I am fine, she has insisted on giving me £20 when I have visited her.
I work, and have a morgage, I dont earn a great deal of cash but if I took the money from mum it was more to keep her happy than for my own financial gain.

There has been only one time I had actually asked for mums help financially, I had bought my home in 2007 but it was around 20011 I found I was struggling to make ends meet.

I was given a way out from the advice of my financial advisor to reduce my out goings , but I needed to put £1200 into my bank account for this to take effect.
Our mother helped me out. thats it .
My mother never suffered from this defict and when I offered to give the money back to mum when I did get myself straight, CW told me not to, as mum didnt need it, and if I could keep myself in the black there was less chance I would get myself into trouble again.

So as I'm sure you will appreciate, having been told this, it makes me wonder if MW is playing us all off for his own financial gain.

Mum is very upset, my sister SJ is waiting for the bomb to drop, my eldest sister is upset because mum is drip feeding her her discontent, and regret that she, and more to the point her husband is PA of her house and the money she has in her account.

The property is being put on the market next week, my eldest sister is telling me that mums card limit is now going to be reduced so mum can only take out £50 a week from an account that currently holds £15000,
Her husband is saying that they need to spend as much of that as possible before the state gets hold of it .

What can I do ?

Yours sincerely
Nicholas Shaw
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.

If your mother has mental capacity, she may cancel her LPA at any time if that is what she wants, she has to sign a Deed of Revocation in front of a witness, see here for more information about this Deed:

She may also stop sale of the property if that she wants.

She may then make a Will saying who gets what and who her executors should be. MW is not correct that the money must be spent before the State gets it unless your mother's estate is more than 325,000 pounds in which case there may be inheritance tax implications.

May I help further?
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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