The case of two sisters who have been revoked as their elderly mother’s attorneys after a long-running feud illustrate the need to choose attorneys carefully, says a Wills and Probate expert.
The court feared that the ongoing dispute been the sisters, aged 58 and 61, will impede the proper administration of her estate.
Their mother, who has not been named, is 97 years old and has been diagnosed as suffering from vascular dementia. She created an Enduring Power of Attorney (EPA) in 2007, naming her two daughters as joint attorneys for her property and financial affairs. The document was finalised the day before EPAs were replaced by LPAs (Lasting Power of Attorney).
The sisters, a radiographer and a retired GP, have a strained relationship, and are only able to communicate by email. The court was told that although they have been in the same room together around five times in the last five years, they did not speak to or acknowledge each other on these occasions.
Their mother lives in a residential care home in Stoke Mandeville, after moving from her house in Buckinghamshire, where she lived alone following her husband’s death in 1984.
There were disagreements between the sisters when their mother was originally placed into care, with one claiming they had not been fully consulted about the decision. The regularity of each other’s visits to the residential home is also a disputed subject.
The woman has an income of £1,200 each week, of which £940 is spent on care fees.
Decisions made about her property and affairs must be made carefully, as she has substantial financial investments. Her house in Buckinghamshire is worth between £550,000 and £600,000 and she has invested in stocks and shares, which, combined with her savings, equal around £100,000.
The judge believed the nature of the sisters’ relationship would affect their ability to make decisions and that they were unsuitable for the responsibility of managing their mother’s estate. The sale of her house in Buckinghamshire, for example, would require strategic decisions, and communication and cooperation between the pair.
He appointed an independent deputy to act as the woman’s attorney in place of her daughters and the EPA was revoked.
“It’s important to choose your attorneys carefully,” said Kerry Brundall, a Wills and Probate expert at Macks Solicitors. “If you know your children won’t be able to work together then consider appointing a family friend or professional from the outset. ”
Drawing up a Lasting Power of Attorney ensures that a trusted person can manage your property and affairs when you no longer have the capacity to. For example, you can create a Finance and Property LPA, appointing someone to manage the sale of your home.
It is also possible to create a Health and Welfare LPA, in which you appoint someone to make decisions concerning issues such as medical care, whether or not to enter a care home and your final days in hospital.
Macks’ Wills and Probate solicitors can help you create an LPA which will ensure that you are protected for the future. It is important for these to be created in advance, so you are fully able to inform a trusted person of your intentions. You can contact us on to arrange an appointment with one of our Wills solicitors in Middlesbrough, Redcar or Darlington on 01642 252 828.
