LPA. Brother given LPA (financial), but not me - is this normal?

[sleepdiva]

Hi all - I wanted to ask if anyone has experience with having a sibling being given LPA for financial affairs, but not themselves. My situation is that my mother contacted me a few years ago to say that she "Wants to be fair and not leave me out, and so is giving me LPA along with my brother". I was pleased as this seemed fair.

However, I have recently discovered that there are two types LPAs that can be setup (Health/welfare and Property/finances). On checking my paperwork more carefully, it seems that I am LPA for health and welfare along with my brother. There was no mention from my mother of a financial LPA. I have more recently found out by accident (not from her), that my brother is listed as LPA for financial affairs, with my aunt (mums sister) as the stand-in.

I should note that me and my brother don't get along, my mother and my brother are very close, and me and my mother are not close (brother generally favoured as a child, and I experienced lots of poor treatment). My father passed away a few years ago.

I feel really upset about this discovery and that this LPA has been concealed from me, and terribly wrong-footed by it - and am wondering:
- Although the deception by my mother feels wrong, is the arrangement more benign than I may think, i.e., Is it typical to have just one child as financial LPA, and leave another (who is equally responsible and financially astute) out?
- Would my brother have the power to deny me later inheritance/ conceal assets (financial or otherwise.)?
- Has anyone else experienced this?

Thank you so much in advance for your replies.
Sleepdiva

An LPA is relevant whilst the person in question is alive. It is only relevant if they are incapable of managing their own affairs.

Once they die the will of the deceased is the relevant document. The person nominated under the LPA cannot change the will of the person. But it is possible that any assets of the person may have to be liquidated whilst the LPA is in force to pay for care costs. But there should be records kept to show how assets have been managed and spent.

Well, it's a bit of a strange thing to do if you don't all get on because one doesn't really work without the other.

For instance if your mother needs to go into a care home in the future and has lost the mental capacity to make that decision herself then the people who have LPoA for health and welfare legally get to make that decision.

If someone else has LPoA for finances then they would have to be approached to release the money to pay for it. How does that work if they disagree that the care home is the right place?

This has the potential to get very messy regardless of hurt feelings.

Would my brother have the power to deny me later inheritance/ conceal assets (financial or otherwise)

well yes he would have the ability to make all financial decisions whilst your mother was alive but it wouldn't be lawful for him to do so if it wasn't in her best interests or previously stated wishes. Once she passed away the LPoA ceases to be relevant and its onto the normal processes of wills/probate /executors

" Would my brother have the power to deny me later inheritance/ conceal assets (financial or otherwise.)?"

no, your inheritance would be in the will.

I wouldn't say what was or wasn't abnormal with LPA because everyone varies.

however, my sister and I both have the £ one and the health one for mum, but my sister took ages to understand the £ one and we thought she might opt out. At one point, mum nearly said "shall I just leave it with you".

It wasn't malicious, it was just that mum would prefer to have me managing money. I am allowed to manage mum's money now with this LPA.

sounds like your mum would rather have your brother and her sister dealing with the money side.

Thank you hatgirl and fanspamtastic - those are helpful comments

Thanks rosawaiting , i guess the most upsetting thing is that she cancealed it from me

she might not view it as "concealing"

you weren't asked to sign as Attorney for Finance....so you know you weren't asked....if you see what I mean.

also, your mum and brother are close, you say? So it's understandable that she asked him to do that. Are you sure he's not on Health as well?

Yes - he is on the health one as well. He’s on both

I have both LPAs re my MIL. In our particular situation I'm more reliable than my SIL who doesn't.

It's down to the persons personal preference and should not impact on any inheritance. I know I'd be reluctant to put two people that didn't get on as joint attorneys as it could make decisions very difficult to make/ agreed.

My friend has this, but whilst her DB was indeed the golden child, she is extremely shit with money and he is a financial advisor.

What does her will say?

My parents have made financial LPAs. They named me and not my siblings - because I’m the eldest!

Thank you.
MaybeitsMaybelline - Her will leaves assets 50/50 me and DB.

Its helpful to know that other people have experience of just one sibling being given financial LPA and not the other. The main difference, i guess, being that, in your cases, you were told about that by the parent.

so OP, did you think she just didn't have a financial LPA?

I still don't see how it's been concealed from you when you weren't asked to sign as that.

apologies if being thick.