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JGM, Solicitor
Category: Law
Satisfied Customers: 12178
Experience:  30 years as a practising solicitor.
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I am power of attorney for my mum from 2014 She agreed

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I am power of attorney for my mum from 2014 She agreed significant monies to be shared from her estate with myself and my brother inc grandkids . She is 92 has enough income to cover care and assets - around £200 k and 22k a year . She is now in nursing and a home Carer reported me from 2014 ( mum lived with me from 2012 to 2015 . ) mum had capacity but no longer does to the same extent . She agreed house share Jan 2016 but then fractured her leg , house completed July and I divided house up . Also my brother requested 33k this year , 35 k last year , 20k loan
I had 34 k last year , 11k this year and loan still outstanding 18500 but paying another lump sum then monthly off .
The house my brother had 110k I had 125k . Advice please
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.

Thanks for using JustAnswer. I am a lawyer in the U.K. Precisely what question do you want answered?

Customer: replied 1 year ago.
The OPG are investigating a Carer when she lived with me didn't like fact mum had paid for some things in house and to get me a car to take her places ( I'm selling it ) I have looked after mum and still take great care of her , she has improved greatly with her mental capacity recently , have I done anything wrong by helping sort these gifts and share of house , we had my dads ( he's passed ) trust which was for benefits if mum , brother and Me but it was closed but mum still happy to share estate with us . I always understood if mum had capacity it did not matter the amount and we are within threshold of inheritance tax . As long as mum still remained cared for financially . The OPG said all monies like this need to apply to court but mum had agreed had capacity although i cant prove it . And she is still left with a size able asset. I've completed forms but don't have receipts for everything ,?

How did the OPG get involved? They only usually get involved if a complaint is reported.

Customer: replied 1 year ago.
While mum lived with me , from a Carer , mum made her own descisions

From your narrative there is no case to answer. Your mother was able to make decisions for herself. Even if she wasn't, as long as the various transactions were of a nature that your mother was likely to have done herself then that is generally treated as within the attorney's powers, assuming the actual deed grants the powers. And finally, your mother still has the resources to pay her own way so there can be no complaint about that either. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 1 year ago.
Thank you for your support , I may need further advice in future , your advice settled my mind for now . Many thanks

You're welcome. Don't forget to leave a positive rating so that I am credited for my time.

Customer: replied 1 year ago.
I have one final question at the moment . My brother has always requested copies of mums back statements and accounts. She and I were not happy about this as he is focussed on what money he should get . Does he have any rights to see her finances he is not POA . He has benefitted a great deal but not seen her from 2012 to late 2015 and most of his calls and visits related to money requests . My mum would not have the memory for all of this now .

No, he doesn't have any right to see her papers.

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