I am going to try to explain things as best as I can but will change a few details, just in case.
I am one of 4 siblings. I am A, ther are also B and C and then D. I live in the UK as does D. B and C live in two other non-European countries. B has children and is getting a divorce there. C is divorced, no children. My mother is divorced (and father now dead) and lives alone a long way from any of us. She is an alcoholic and housebound (with carers etc) and really clever and sharp, when sober. She is also very good at getting people to do things for her / pay for things to free up money for booze. She cannot be said to be out of control of her own affairs but she is not able to make any decisions really after about noon as this is when she starts drinking. She has 2 brothers but rarely sees either of them.
My mother owns her own flat but otherwise has a state pension, attendance allowance and nothing else. The flat was left to her and she ran through the money left (40k) in about a year. She can budget and manage but the booze wins every time. Her flat is leasehold and she often falls behind on the ground rent. She also struggles to get the managing agents (crooks, possibly) to do essential repairs.
About 5 years ago sibling B, who was very wealthy, told the rest of us that she was taking over my mother's financial affairs and would "sort" thing. We were not keen as we had been working quite hard to get her to sell the flat (citing debts as an excuse) and move closer to one of us as Sister D and I both live in cheap parts of Britain. This would free up some capital and make it easier to care for her. Sister B flew in with her husband (rich bankers) and say they got joint Power of Attorney and spent a huge amount of their money (40K?) on repairs, lawyers, clearing debts (some of which we disputed and should not have been paid) etc.
Fast forward 5 years and sister B is now getting a divorce. She is insisting that the money be repaid immediately as it now forms part of her divorce settlement and means "her" money is tied up in my mother's flat. It is no longer deemed "marriage" money. She is planning on using her Power of Attorney (which my mother says she doesn't have, or it is limited. My mother also says there is no charge over the flat) to force my mother into equity release. The flat is leasehold and only has about 30 years to run on the lease.
- Can my sister force equity release? Can my sister's lawyers (will pm the country if it helps) or her husband's lawyers force equity release.
- Can she use a limited Power of Attorney to sell the flat and force my mother out?
- What should I / we (sister D and I) do?
- Also, sister C owes B big bucks which is a separate, but linked issue.
Help, ladies, please!