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Both myself & my brother executors & beneficiaries
I have not seen any documents to confirm this. However, My first piece of correspondence was from a solicitor my brother engaged at the time informing me they were acting on his behalf re my mothers financial affairs, advising me that her property was now a let & occupied by a tenant & the rental income received was being applied towards the cost of my mothers care home fees. Letter dated 17/03/2008.
I don't know exact dates of capacity loss & have never seen any docs. However,I know by experience of being with my mother & that she had to undergo statutory assessments in order to receive home care services originally, deteriorate, then fulfil criteria to be given a place in a dementia unit within care home. I do not dispute anything at this stage. Please address original question. Thank you.
I received letter from solicitor dated 26/3/14 that my brother had advised her "that the property was only let out for a very short period of time & this did not prove successful". She went on to say "Michael (my brother) has been living in your mother's property for the last four years hence did not pay any rent as this was your mother's wish". This is what I queried. If my mother did not have capacity & my brother had LPA for her financial affairs then how could she make such a wish & how could this be called him acting in her best interests?!
As stated this is what my original query is about, yes!! Solicitor said can't comment/deal with those matters only dealing with probate as of when appointed. Answer question has my brother abused his power of LPA or not?
Hi, Exactly my point re my mothers capacity therefore could not consent to that arrangement. I understand re his legal duty & common sense contradiction re living rent free not being in her interest. However, probate solicitor keeps saying all this that went before my mothers death is not their remit, they want to settle probate, otherwise we should either go for mediation or find different separate solicitors. I can't afford that!! Latest letter also stating that i was advised when I suggested my brother had abused his power of Attorney that 'an attorney has a duty to act in the best interests of the Donor but does not have any duty to preserve money for the estate'. Please answer is this correct?
My brother has already raised money that solicitor is holding on his behalf as he wishes to buy my mum's flat (no discussion with me) & accounts solicitor sent me show care home fees have been paid to the local authority & the amount of inheritance due to me. This inheritance is less than expected because of the fees accrued while he lived rent free & not renting out the property. So how do I get out of this & would mediation cost a lot & who does it? Linda