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Elderly parents

Mum with dementia - sibling arranging sneaky POA & will

74 replies

LiverpoolLassie1974 · 24/01/2023 17:25

Long story so I'll try to be succinct without omitting anything which may be relevant.
Mum (82), widowed and lives alone. Has had Parkinson's for 15 years then diagnosed with associated dementia in 2018. Two daughters, me (48) and sister (52) both live nearby and both have chronic health conditions.
Mum had a health crisis in 2014 and after hospital discharge sister and I shared 24/7 care between us for a few months until she was well enough to manage alone with us continuing to share routine shopping & cleaning.
All fine until first lockdown in March 2020. I am self-employed and live alone so I volunteered to be in a "bubble" with Mum as she was clinically vulnerable and I virtually moved in taking on all tasks. This seemed to suit sister who at the time was working part-time in the NHS. A week or two in and sister was told to shield herself given her underlying health condition so she was at home on full-pay. During the following three months sister rarely phoned Mum and never contacted me to see how we were getting on. I sent a message asking her to please phone Mum a bit more often that she was doing and she took umbrage.

By July 2020 the easing of Covid restrictions meant that I could return to work which I was keen to do given that I had had no income whatsoever since March. I messaged sister to say that I would be restarting work and that she would need to take over Mum's care. My work involves mixing with large groups of public and it would have been considered risky for me to have then returned to Mum's potentially exposing her to Covid. Sister, I suspect had been quite enjoying lockdown, she is very insular, and she clearly did not want to do it, ignoring my calls and messages. She instead arranged for Mum to employ our cousin to take over the shopping, cleaning and laundry. Cousin was also working in other people's homes and had four children who were back at school so sister was knowingly allowing Mum to be exposed to Covid rather than step up and help Mum herself.

Mum's dementia progressed during this period and our cousin soon gave up. Sister, who was still refusing to communicate with me, immediately arranged for a SS assessment and paid carers were tasked with visits to Mum four times per day to administer medication and by now personal care was needed as Mum had become incontinent.

Current situation is sister visits Mum three times per week, I go the other four days with carers attending five time daily now. Sister declares that she is the "main carer" and she has locked away all Mum's medical & financial papers to which only she has access.
She has told the carers however that I am to be the first point of contact in any emergency and she has told Mum that she is not to phone her outside of her scheduled routine visits as she will not come out to her - Mum is to call me. Sister is very routine orientated and does not like to deviate or be disturbed.

Mum is deteriorating rapidly and really needs full-time care now. She is always very confused, literally has no short-term memory and needs constant reassurance. I have again tried to contact sister to discuss options i.e sharing full-time care again or possibly care home but she continues to ignore me.

Anyway, I have recently discovered that sister has had a solicitor to Mum's and a POA for both health and finances has been arranged and registered with my sister as sole attorney. I have seen the solicitor's letters confirming all of this.
The letters also mention a will but no details.
When I gently questioned Mum she said that she thinks she has signed a will naming sister as sole beneficiary and executor of her estate (currently consisting of house £300k & savings £250k and increasing due to high income and low outgoings).
Mum tells me that she thinks she has been stupid, she says she was told that she had to do it and that she just did what she was told. She has always previously refused to even consider preparing a will as she didn't think she needed one, she said that everything would by default be shared between both of us.
Obviously at this stage I don't know for definite if this is what sister has done as Mum clearly isn't certain and her copy of the will is with my sister, but the signs are there an other things are starting to ring alarm bells now. Thinking that maybe sister's reluctance to consider a care home could be because she has an eye on protecting her "inheritance", she has also been critical of Mum wanting to but any new clothes and spending any money on house maintenance. She has also told other members of the family that they are not to visit without arranging it through her when she can be present.
I know that none of us is owed an inheritance, it is Mum's money to do with as she sees fit and I would much rather she use it to provide comfort now whilst she is still here and it sickens me to think that my sister may have set her sights on getting as much as she can especially if it gives her a way of also "punishing" me. I know that this would not be what Mum would want.
I really don't want to "fight" my sister, I would much rather spend what time and energy I have making life easier for my Mum.
Any suggestions as how I should proceed will be gratefully considered.

OP posts:
Sallycinnamum · 24/01/2023 17:31

OP someone far more qualified than me will be along to advise you but this sounds decidedly iffy to me.

I would be getting some form of legal advice pronto. That is a sizeable amount of assets there that your mum has said she wants to share between the both of you.

Do you know who her solicitor is?

glasshole · 24/01/2023 17:34

My gosh this is awful. Can you phone social services at this is surely financial abuse?

Elle54321 · 24/01/2023 17:37

I think you can complain to the POA office if you suspect a problem and they will investigate.

earsup · 24/01/2023 17:37

oh dear...an uncle did very similar....surprise...he inherited the lot when relative died....get legal advice as possible not in fit mental capacity to sign new will...this could be a long and ugly battle...be prepared...we gave up challenging the will in our case as one witness was a doctor even tho relative clearly had dementia...i lost out on 2 garages worth about 8k which were in the original will but didnt care about those.

RandomPerson42 · 24/01/2023 17:40

It sounds like your mum might have not had capacity to sign that will she apparently has signed, get advice asap.

Herbie0987 · 24/01/2023 17:52

I am not a legal person but I am sure to sign a Will and POA your mum would have to be fully aware of what she is signing. Contact the Office of the Public Guardian about the POA, would also contact the Solicitor if you have their details to talk about the situation.

Houseplantmad · 24/01/2023 17:52

As others have said, please get legal advice ASAP. We were on the receiving end of similar which was revealed after MIL died and she would have been horrified at how things turned out. My DH is now NC with his sibling as a result of her scuppering her mothers wishes when she was alive, and also after she had died. Money can make family do some mercenary things.
You still have time to fix this for your DM and put things right.

Mum5net · 24/01/2023 18:03

Also record your convos with your DM on this matter on your mobile in meantime but tell her first

Malbecfan · 25/01/2023 08:40

I am going through something vaguely similar, but my sister is the one not trusting anything I am doing. DF and I saw an Estate Planner on Friday. Whilst DF's short-term memory is not great, he can zip through cryptic crosswords with ease and talk sense about his interests. The Estate Planner said that part of what he and any competent legal officer was required to do was to check that DF was competent to make his own financial decisions as he could legitimately be challenged by my sister if DF was being manipulated by me.

Contact the Office for the Public Guardian urgently and explain the situation. The attorneys have to act in the best interest of the person who named them, and it sounds like your sister is failing them. Good luck

BruceAndNosh · 25/01/2023 08:51

As above, the solicitor has a duty of care to ensure your mother had capacity to make decisions re POA and will.
My mother agreed to a POA while in early stages of dementia while she still had capacity and the solicitor insisted (quite rightly) in speaking to her alone. If there is any doubt, a decent solicitor would insist on an independent medical assessment.
Definitely contact Court of Protection

unfortunateevents · 25/01/2023 17:24

This sounds awful - but sadly not an isolated occurrence. Do you know when your mum supposedly signed this will? Presumably the dates on the solicitors letters will give a clue? If it was after her official dementia diagnosis then surely you can challenge the whole lot as invalid.

SenseiOfDuty · 25/01/2023 17:30

You need a solicitor. Seriously.

Bronzeisthecolour · 25/01/2023 17:41

Contact Poa office and also find out who the witness was- they have to say she was of sound mind

boboshmobo · 25/01/2023 17:43

If your mum was there and said she only wanted your sister to have poa then that is legal .

Obvs they didn't tell the solicitor she has dementia and isn't of sound mind .. that is not legal ..

Can you not just ask your sister if she has done that and why she thinks it's ok to take the estate if and when your mum dies ?

I'm in a similar situation with my mum but everything is halved ( if any left ) and we are completely transparent with each other and make decisions together about my mum .

unfortunateevents · 25/01/2023 17:46

Can you not just ask your sister if she has done that and why she thinks it's ok to take the estate if and when your mum dies ?
The OP's sister is refusing to engage with her and realistically anyone who arranges to have only herself as POA and is involved in a will which leaves everything to her is unlikely to suddenly hold her hands up and admit any wrongdoing?

Toomanybirthdays · 25/01/2023 17:47

Your Mum most likely didn’t have Mental Capacity when she signed. You do need legal advice .

PollyAmour · 25/01/2023 17:48

If your mum didn't have capacity when she signed the POA then it will be invalid. This sounds like financial abuse.

magicofthefae · 25/01/2023 17:50

Sadly this happens too often, unfortunately I can see my siblings doing the same when the time comes for my mother in the future.

Contact Social Services and report your sister for financial abuse. Before doing so, record what your mum said about your sister not letting other family visit, not letting her spend on clothing, house repairs etc, and not considering a care home, when she clearly needs one.

Take pictures of the legal letters you have access to, and draw details from them; contact the solicitors that arranged this fraud will and POA, talk to them, see what they say, can they show you the wills and POA?

Also, seek independent legal advice, contest this now when your mother is still alive, as once she passes it'll be near impossible to challenge this stuff and win. Deal with it as a life and death emergency.

Do it for your mother, to give her the best care and medical care she can get; not to let your sister leave her in financial poverty, neglect and poor care in her last days.

MyNameisMathilda · 25/01/2023 17:57

What were the dates of the POA ? This sounds very suspect if your Mum has been diagnosed since 2018.

ceecee32 · 25/01/2023 18:03

Spoke to a solicitor just last week about removing one of her POAs as the relationship has completely broken down. I am named as the first POA but she does have capacity.
The solicitor said that we could just submit a new application.and that would negate the first. The same would go for a will if she writes another.(if she.has capacity)
Also ask social services for a safeguarding referral, they came to see my mum when the other POA was taking the piss to put it midly

Plexie · 25/01/2023 18:03

From my very limited knowledge (ie reading the POA application form years ago but not progressing any further) I remember there was a section of the form to enter names and contact details of some trusted acquaintances or family members who would be contacted to check whether they had any concerns about the proposed POA. Presumably this is to prevent an individual person getting POA without anyone else knowing.

It might be optional but I think it would be very suspicious if an applicant with two adult children appointed one of them as Attorney and didn't mention the other child or any other family members as people to ask whether the appointed Attorney is a suitable person.

Cuppasoupmonster · 25/01/2023 18:05

Have that conversation again and record it. You need to do something in case she is no longer around very soon. Sounds shady as fuck on your sister’s part.

Nimbostratus100 · 25/01/2023 18:12

If your mum has granted POA to your sister, then it was done some time ago, as it takes a very long time to set up.

Your mum could only have done it if she had mental capacity, and would have been interviewed alone, by a certificat provider, who is a witness to the fact that she is signing of her own free choice, and she has mental capacity

NotDavidTennant · 25/01/2023 18:12

Your mum can write a new will that supercedes the old one. It would be most unfortunate if she wrote your sister out... 😉