“At this time I believed that it would be in my mother’s best interests for the property to be sold. I intended seeking professional advice on whether there would be a better financial return on a sale of the individual flats or the property as a whole. However, my brother disagreed with me that this was the best course of action. He was of the opinion that it would be in my mother’s best interests to retain the property. My brother had recently sold his home and proposed that he move into the top floor flat as a tenant. He would pay a full market rent to reside there. I could see the obvious benefits, given that this would generate rental income which would enable us to meet more of my mother’s care costs without having to use the capital as soon.”
“I do not wish to be involved in expensive litigation, and if it is felt, after considering my witness statement, that I should no longer be an attorney for my mother then I will abide by whatever order the court may make in relation to that. I would however prefer that a professional deputy not be appointed, primarily because of the cost. I understand that my brother BW may be asking the court that he continue as sole attorney for my mother, and I would have no objection to that. I am willing to continue as attorney if that is considered appropriate and in my mother’s best interests.”
“BW would come down and visit about four times a year on average, but the bulk of the caring for Mum fell to me. I found it very physically, mentally and emotionally exhausting, and it took a toll on me and my family. I was available for my mother 24 hours a day 7 days a week, and caring for her became increasingly difficult. Although I did not keep receipts for everything I bought for her, it was all paid for from a separate wallet containing cash withdrawn from her accounts, and I never used that cash for anything else, so in that way I was able to ensure that my own expenditure and hers were kept entirely separate.”
“As mentioned in my first witness statement, ID’s state pension and rental income is received in an account in Barclays Bank … in BW’s name. He was requested on11 September 2014 to inform me once the account has been changed into ID’s name. To date I have not had a response from him. On23 December 2014 Barclays Bank confirmed they were not able to freeze the account as it was not held in ID’s name solely or jointly. On4 February 2015 Cornwall Care confirmed that£37,567.42 is outstanding in care fees. In light of the above information, the Public Guardian requests the court to revoke the LPA made by ID and considers the appointment of a panel deputy to be in the best interests of ID.”
“I have no knowledge of the ‘wallet’ that MD talks about. I have no knowledge of the withdrawals from the various accounts that MD could also not remember. When preparing the financial submission for the OPG this practice and the subsequent withdrawals were not made known to me by MD. Regarding Mum’s financial affairs, MD has always been involved in that side of her life. When we both were appointed as attorney, I had no reason to question MD on Mum’s financial affairs, as Mum was still controlling her affairs.”
“Subsection (4) applies if the court is satisfied - (a) …. (b) that the donee (or, if more than one, any of them) of a lasting power of attorney – (i) has behaved, or is behaving, in a way that contravenes his authority or is not in P’s best interests, or (ii) proposes to behave in a way that would contravene his authority or would not be in P’s best interests.” (a) …. (b) that the donee (or, if more than one, any of them) of a lasting power of attorney – (i) has behaved, or is behaving, in a way that contravenes his authority or is not in P’s best interests, or (ii) proposes to behave in a way that would contravene his authority or would not be in P’s best interests.”
“The court may – (a) direct that an instrument purporting to create the lasting power of attorney is not to be registered, or (b) if P lacks capacity to do so, revoke the instrument or the lasting power of attorney.” (a) direct that an instrument purporting to create the lasting power of attorney is not to be registered, or (b) if P lacks capacity to do so, revoke the instrument or the lasting power of attorney.”
“ID was unable to tell me who managed her finances – she told me I was a nosey parker.”
“Regarding Mum’s financial affairs, MD has always been involved in that side of her life. When we both were appointed as attorney, I had no reason to question MD on Mum’s financial affairs, as Mum was still controlling her affairs.”
“Sophie Farley has highlighted that the Barclays Bank Account is in my sole name. I knew that my duties as attorney required me to keep my mother’s funds separate from my own. This was the sole reason I opened the account, so that there was an account which could receive my mother’s state pension and the rental income from the ground floor flat. I had opened the account so that the account name read Mr BW re [name of the property] and I believed that this was sufficient to fulfil my duties. The intention has always been that this was my mother’s account and that I was simply managing it on her behalf. I confess to not realising that I also ought to ensure that the name on the account was my mother’s and not my own. As soon as I was informed by Sophie Farley that the account need to be in my mother’s name I went into my local Barclays branch to have it changed. The branch manager informed me that this was not possible.”