Wills and POA- something not right- what can I do?( very long sorry)

[Downnotout]

Mum has Alzheimer's. Her partner and his son had POA which they recently registered to become EPA as mum is no longer capable of understanding what is happening. Sadly her partner died suddenly a few weeks ago. The registration is not complete as the Court of Justice is very slow.

Under the circumstances I took advice about challenging it, so that myself and siblings could manage mums affairs, but I was advised not to do so as I did not have a case and it would be very slow and expensive. I. Was advised to work with the son to ensure mums best interests. I am responsible for mums welfare and he has control of the finances.

Under the terms of her deceased partners will mum was supposed to be able to stay in their jointly owned property until she died or decided to leave. The property would then be sold proceeds split 50/50. However when her partner was taken ill, his family asked social services to put mum in a home and she was taken, without our agreement. This was within hours of him having a stroke when myself and my sister were on our way to take care of mum. We were denied the option of taking mum back to her own home and ended up having to collect her from the care home and bring her to the town where we live and find somewhere for her up here(some 21/2 hours away).

I was allowed into mums property to collect some clothes but they would not let me take anything else- in case it belonged to their father.

So here's to the point. He died a couple of days later. His family read his will and told me they had returned to the property to remove valuables. It is clear they are pushing us to agree to selling the property. At first I wouldnt agree because mum was very distressed and wanted to go home. My sister could have moved there with her to care for her. They were against this. However mum is now settled here and it is clearly better for us to be close by, rather than 21/2 hours away.(tbh I was just cross about the way they discarded mum.)

I received an email from mums/ her partners solicitor saying that under the terms of the will her partner left all contents of the property and his personal effects (excluding the car) to mum. If this is the case why did his family remove valuables from their home. Surely knowing the terms of the will they shouldn't have taken anything? They have known this for 6 weeks but did not tell me. The son is difficult to contact and it is quite clear that the family are annoyed with me bothering them. However I have to arrange for mums bills to be paid, there are bills for other property we own with mum. They left her in the care home with some coppers in her purse, no key for her home etc.

Until now, everything mum has needed I have bought. I have put money in her account at the care home. I asked for some money that I could put in an account for her to take her shopping/ out for the day etc. they refused. Mum cannot even get access to her pension. The care home bills will be paid out of mums money, that's not a problem, but they are making it all very difficult for me.

Sorry for the long rant. I guess what I need to know is should they have removed the "valuables" ( I don't know what these are) and if the son who has POA did this, knowing the terms of the will, was that wrong? Was it illegal? Surely that was not in mums best interests and therefore should I challenge them?

( of course I would gladly have let them have anything they wanted of their fathers, it's the way they have gone about things. They have been so uncooperative, I am at my wits end.)

Have a look at this guidance information from the Office of the Public Guardian. Contact them to check if the EPA has now been registered. If it has not, you can object to the registration - if it has, the process will be a little different but you can still object to the son's involvement on the basis that he is not a fit and proper person. The OPG supervises attorneys and has powers to remove a person who is unsuitable or has acted inappropriately. Keep all evidence that you are paying for your mum's care etc and that she is unable to access her own funds to pay the care home and for personal expenditure.

I can't tell you how much it might cost to follow the process as I've only ever dealt with non contentious professional Deputyship matters (basically, Deputies are appointed by the Court to deal with a person's affairs where there has not been a valid EPA or LPA made - they may be professionals such as solicitors, or a family member).

If you call the OPG they should be able to chat to you about what action you can take and what forms you need to complete. You could start off doing it yourself and then if you need help, take advice at a later time. As far as I know, the OPG are used to dealing with individuals rather than legal representatives - although I'm not sure how strict they are about completing forms correctly etc as obviously I was a legal rep and had access to all the necessary books and senior folk to help me get it right!

If you have more questions after you've spoken to the OPG then come back, or you can PM me and I will try to find out what you need.

Have you informed the solicitor dealing with the estate that valuables have been removed from the house? If not, you should do so. Is the son the sole executor?

The son, his brother and mum are executors. Mum is unable to fulfil that role as she is no longer of sound mind.

Yes the solicitor is aware they have removed things. She told me that it was for security reasons. But she said this weeks ago and did not inform me at that time about the terms of the will. I only found out about it yesterday.

Obviously I would have gladly let the family take anything they wanted for sentimental reasons but I am gobsmacked that they have gone against mums partners wishes, in collusion with their solicitor (who is also a personal friend of their family.) surely that is breaking all sorts of rules?

Thank you for your response, by the way. I feel like I'm banging my head against a brick wall at the moment.

I would also report the removal of the valuables when you speak to the OPG, and if you're aware of exactly what they are and where they were in the house, make a schedule of them. Do you have it in writing from the solicitor that they were removed 'for security'? Ask where they are being stored. I have previously removed jewellery, documents and keys for security reasons and stored them in the safe at the office - so it might not be sinister - but do ask how they are being secured and for a list of what has been removed. They're not obliged to provide this information to you, but if you ask for it then it might trigger the solicitor paying a bit more attention. If I was acting for these executors then your request would certainly prompt me to suggest they make a list of items removed 'for the sake of completeness' and to assist in preparing the Inheritance Tax papers - I wouldn't necessarily recommend that they provide you with a copy, but I would ask them to produce one. You could also send a copy of your own list to the solicitor. If I received a list from surviving spouse's daughter saying that diamond rings, antique furniture etc had been removed but the executors were saying there was only an old watch and a TV worth £100 together, it would raise questions in my own mind.

Call the OPG on Monday and get things clearer in your own head as regards what you can usefully do now to prevent your mum being taken advantage of. Make a list of questions to ask them.