Court of protection and statutory will

[Spendysis]

i will try and keep this as short as possible

I have been nc with dsis for 3 years when it came to light she was stealing from dm and i refused to do an equity release on dm house i was removed as equal poa and then it was registered with the banks etc and through coercion the equity release was done. I raised my concerns with opg who took a year to assign it to and after 6 months closed the investigation

opg have now applied to the court of protection to revoke lpa and dsis has been suspended immediately i have been notified agreed to them appoint someone from the local authority to be deputy and given a witness statement which i don’t think is being used in the case although dsis may have only recently have got her letter as despite me telling opg she had moved to dm house on 4 separate occasions giving dm address( dm is in a care home her house was being rented out but dsis had to sell her house as she had an interest only mortgage that was due and no way of paying it so has moved in there and doing renovations )they asked me a week ago if i happened to know dsis address so they may be waiting for her reply

has anyone had any dealings with this

my next question is i believe in the last 3 years dsis has coerced dm to change her will and i believe because of the circumstances rather than waiting to contest the will which i wasn’t going to bother with as dsis has spent most of it and dm is now in a care home so fees will need to be paid but as court of protection are involved I can ask the newly appointed deputy when I am advised who it is to apply to the court for a statutory will to be made which i presume is 50/50 to me and dsis which is what dm will was previously. Has anyone had any success with this

Unless your mother is very wealthy, if she is self funding, your sister has been embezzling for three years and there is equity release on her house, I would assume it is unlikely that there will be much left when your mother dies.

I would be more concerned about deprivation of assets and care home costs.

You can apply for one yourself as a family member.

Ard you concerned about your share or your sister receiving anything after your poor mum dies. Her will would be the least of my concerns and if this goes to court and it's found she was coerced then her will is invalid anyway.

Thank you both for you replies. I think the equity release was for around £35k ironically dsis used it to do home improvements to her own house which she was forced to sell a year later. Dm house is worth £600k and she has been in a care home for a year so far.

I am not sure my reasons it’s been an awful few years because of dsis actions I feel I let dm down despite my best efforts i reported to banks opg and adult ss and police were briefly involved so want to fulfill her original wishes and another part of me doesn’t want dsis to get all of whatever is left. Even before this she’s been bailed out all her adult life and dm has given her tens of thousands of pounds over the years

I have just started therapy so should probably focus on that rather than what will happen to dsis I am not involved in the court of protection case I haven’t even been told what evidence they have on her although I have agreed to revoking the lpa and provided a witness statement should they wish to use it