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Grandfather with dementia and possible financial abuse/will change

41 replies

Teacup40 · 20/10/2025 12:26

Hi everyone,
My grandfather is in his 90s and after putting himself in some really dangerous situations ( can't go into detail as outing) and obvious confusion we have got a dementia diagnosis.

He clearly has no mental capacity but as I understand it this needs to be assessed separately, my aunt has been pushing to say he has capacity she is next of kin and has been a point of contact for his social worker.

She's told me social worker agrees that dg has capacity and has closed the case but the social worker has not seen him since May his mental and physical decline is recent.

She's saying she wants a lasting power of attorney and has been in touch with solicitors to get a new will drawn up the current will has his deceased wife and my deceased father on it so fathers share would go to me.
Dg is well off, home worth a fair bit and has plenty of savings so I believe she wants it all for herself.

Aunt has never displayed this kind of devious behaviour before and is vulnerable her partner is a narcissist and is doing all the talking/decision making for her.
I think dg needs to be in a care home he is a danger to himself but they don't agree they stand to lose financially if he does.

What can I do? can they change dg will? He made it when he was in his right mind with his wife.
Would a solicitor agree to change it?
I hope this all makes sense I've got a toddler and I'm sleep deprived 🤣 I would really appreciate any help/advise.

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Teacup40 · 20/10/2025 20:41

unsevered67 · 20/10/2025 19:08

That isn’t true. You can have a diagnosis of dementia and still have capacity to make decisions about lots of things including POA. It’s an illness that develops over several years and cognitive deficits can be patchy. So in the earlier stages people often have capacity for some decisions

That's what I thought too, and as we have only just got a dementia diagnosis I've got to prove he doesn't have mental capacity.

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Teacup40 · 20/10/2025 20:38

Harassedevictee · 20/10/2025 19:26

@Teacup40 what you need is a proper independent assessment. I suggest you contact a STEP solicitor near where your Grandfathers lives as they will provide the best advice. https://www.step.org/about-step/public

I am going to be honest with you, from bitter experience some people lose all morals when it comes to £££.

Thank you I'll do that. Yes I've seen it happen in other families just didn't think it would happen in mine probably a bit naive there! Thank you to everyone who has commented its much appreciated.

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Harassedevictee · 20/10/2025 19:26

@Teacup40 what you need is a proper independent assessment. I suggest you contact a STEP solicitor near where your Grandfathers lives as they will provide the best advice. https://www.step.org/about-step/public

I am going to be honest with you, from bitter experience some people lose all morals when it comes to £££.

MissMoneyFairy · 20/10/2025 19:09

If he does lack capacity then his finances need to be formalised through deputyship which the opg advise about.

unsevered67 · 20/10/2025 19:08

CaveMum · 20/10/2025 18:38

If you have a formal dementia diagnosis you can use it to contest an LPA because it will be dated prior to the LPA being lodged.

That isn’t true. You can have a diagnosis of dementia and still have capacity to make decisions about lots of things including POA. It’s an illness that develops over several years and cognitive deficits can be patchy. So in the earlier stages people often have capacity for some decisions

CaveMum · 20/10/2025 18:38

If you have a formal dementia diagnosis you can use it to contest an LPA because it will be dated prior to the LPA being lodged.

Teacup40 · 20/10/2025 18:30

MissMoneyFairy · 20/10/2025 16:12

If you feel he lacks capacity who arranged the carers and is paying the bills

The carers have been in place since before my grandma died and so has payment for them. Bills have direct debits set up this was done when grandfather could manage his finances he wouldn't know how to do it now. Aunt has control of his money at the moment just not formally.

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Teacup40 · 20/10/2025 18:27

Boomer55 · 20/10/2025 15:43

Unless he is assessed independently, he will be counted as having mental capacity for LPA purposes.

But, LPA doesn’t mean anyone can just run riot.

If you wish to challenge anyone getting LPA then you can do it via the Pubic Guardians Office.

He’s still alive so it seems a bit premature to be worrying about who will inherit what. 🤷‍♀️

i

Your right it is and i feel awful for discussing it, I wouldn't have even given it a thought if my aunt hadn't suddenly announced she needed to get the will changed.

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CarrotVan · 20/10/2025 16:37

His current will was likely drawn up by the same solicitor who did his wife’s, especially if they are mirror wills.

Contact his GP and the social worker with your safeguarding concerns. If you aren’t happy with the response escalate to the social worker’s manager. Don’t worry about imploding the family - clearly your aunt isn’t

MissMoneyFairy · 20/10/2025 16:12

If you feel he lacks capacity who arranged the carers and is paying the bills

MissMoneyFairy · 20/10/2025 16:10

Teacup40 · 20/10/2025 15:36

No he has no idea where it is what it says or which solicitor he did his will with or who the executor is.

That's a bit worrying but if you can find grandmother will online it may state who the executor and solicitors were

unsevered67 · 20/10/2025 15:54

The level of capacity needed to make a will ( testamentary capacity) is higher than that required to appoint a POA. It is quite in depth. A decent solicitor would be very careful with this ( but they don’t all care)
The problem is that proving that someone didn’t have testamentary capacity at the point the will was written is difficult in retrospect. So contesting a will after someone’s death is problematic.
Are you in a position to take your grandfather to the solicitor to ask about the will. Would he even agree to this. You could explain your concerns to the solicitor and be clear that you are questioning his capacity. The solicitor can then instruct someone ( usually a psychiatrist) to assess this properly.
The memory clinic may well be able to help you with issues around capacity, care homes and POAs . But an assessment of testamentary capacity is more in depth and so usually done on a private basis.

Boomer55 · 20/10/2025 15:43

Unless he is assessed independently, he will be counted as having mental capacity for LPA purposes.

But, LPA doesn’t mean anyone can just run riot.

If you wish to challenge anyone getting LPA then you can do it via the Pubic Guardians Office.

He’s still alive so it seems a bit premature to be worrying about who will inherit what. 🤷‍♀️

i

Teacup40 · 20/10/2025 15:36

No he has no idea where it is what it says or which solicitor he did his will with or who the executor is.

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MissMoneyFairy · 20/10/2025 14:28

Does your grandad know where his will is, or what's in it, does he remember. Who was the executor or solicitor for your grandmother's will.

Cyclebabble · 20/10/2025 14:18

Technically you do need to have capacity to enter into an LPA. However, you can do it yourself with the right forms and there is not really much checking. You can carry out a check if one exists, but having had the issue within my family, it takes time and considerable effort to remove and SS did not seem to be very interested TBH. Wills are even worse. You will have no idea if a new will has been done and these do not need to be registered anywhere. The best option might be for you and your aunt to both have POA, but if you are not in agreement on care arrangements then this is not going to work

Teacup40 · 20/10/2025 14:10

MissMoneyFairy · 20/10/2025 13:56

Who diagnosed his dementia, the GP or nurse can carry out a capacity assessment and you and the carers can report your concerns to the safeguarding team. Have you seen his will, are you named beneficiary, is your aunt named at all. Do you know the name of the solicitors, you can call them. You can also raise concerns with his GP and care agency manager, who is funding his care package and dealing with his finances at the moment.

The gp diagnosed his dementia. I've seen my grandmothers will and the covering letter that was with it makes it sound as though both wills had been done at the same time. Grandads will is missing which is suspicious it seems someone doesn't want me to know what's in it. My grans will names my aunt and dad as beneficiaries and also states that if either one dies their children will inherit their share.

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MissMoneyFairy · 20/10/2025 13:56

Who diagnosed his dementia, the GP or nurse can carry out a capacity assessment and you and the carers can report your concerns to the safeguarding team. Have you seen his will, are you named beneficiary, is your aunt named at all. Do you know the name of the solicitors, you can call them. You can also raise concerns with his GP and care agency manager, who is funding his care package and dealing with his finances at the moment.

SheilaFentiman · 20/10/2025 13:46

It's unwise to only have one attorney on an LPoA. Why not suggest to your aunt that you are both attorneys for him and that you draw it up with the help of the solicitor? If the solicitor is involved in the LPoA then they should get an idea of capacity as part of this process. If you feel your aunt is being coerced by a partner, then this could help cut the partner out of the process.

Teacup40 · 20/10/2025 13:43

NannyOggsScones · 20/10/2025 13:37

It’s a bit late to be getting LPA if he has a formal dementia diagnosis. If your Aunt does manage to do this (she doesn’t need a solicitor it’s easy to do yourself Ave as others have said she could get someone to witness it who happy to agree he has capacity) then you can contact the Office of the Public Guardian and raise your concerns with them. She can’t re write his will. She can take him to the solicitor but she won’t be allowed to sit in with him whilst he has it rewritten. I have been through this with an elderly relative who wanted me in with her when speaking to the solicitor as she was very deaf. The solicitor was very clear that this was not possible as I was a beneficiary(quite rightly). If your Aunt is a beneficiary then she can’t be there. Also wills normally contain instructions as to what happens if a beneficiary predeceases the will writer, so they don’t need rewriting. The solicitor will also need to certain your Gd has capacity.

The problem is he may just repeat what he's been told to say I don't know how much the solicitor will do to check he understands what he's saying.

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Teacup40 · 20/10/2025 13:40

Blackbookofsmiles1 · 20/10/2025 13:27

I’ve found if relatives are devious and get old/dying people to change the will in their favour, then nothing can be done, they just get away with it. You can detest a will but it costs multiple of thousands and it’s likely you will still get nowhere. We need new laws to prevent this really but we don’t.

It does seem this way the more I look into it the more open to abuse it all seems.

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NannyOggsScones · 20/10/2025 13:37

It’s a bit late to be getting LPA if he has a formal dementia diagnosis. If your Aunt does manage to do this (she doesn’t need a solicitor it’s easy to do yourself Ave as others have said she could get someone to witness it who happy to agree he has capacity) then you can contact the Office of the Public Guardian and raise your concerns with them. She can’t re write his will. She can take him to the solicitor but she won’t be allowed to sit in with him whilst he has it rewritten. I have been through this with an elderly relative who wanted me in with her when speaking to the solicitor as she was very deaf. The solicitor was very clear that this was not possible as I was a beneficiary(quite rightly). If your Aunt is a beneficiary then she can’t be there. Also wills normally contain instructions as to what happens if a beneficiary predeceases the will writer, so they don’t need rewriting. The solicitor will also need to certain your Gd has capacity.

Teacup40 · 20/10/2025 13:35

I should also add that aunt is classed as main carer but does no caring it's me who will help him to the toilet, make sure he is clean has food etc in between carers.

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Teacup40 · 20/10/2025 13:27

BorgQueen · 20/10/2025 13:21

You don’t need a solicitor for LPA.
Aunt can do it with a ‘friendly’ witness.
Even though the forms are supposed to be signed/witnessed in a particular order, there’s no actual way of ensuring that.

That's my worry I saw a form on the government website that said as much.

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Blackbookofsmiles1 · 20/10/2025 13:27

I’ve found if relatives are devious and get old/dying people to change the will in their favour, then nothing can be done, they just get away with it. You can detest a will but it costs multiple of thousands and it’s likely you will still get nowhere. We need new laws to prevent this really but we don’t.