Elder sister getting our father to transfer his property into her name.

We lost our mother just over a month ago which was devastating to us all. However, my elder sister ( who had not been in contact with my parents for about a year over my father not letting our Mum have Carers ) has now become the “dutiful daughter”, after writing an email last year telling him she wanted to be removed as POA and wanted to be written out of the will as the money should have been spent on our mothers care. She wished him dead and wanted nothing to do with him ever again. My fathers will states that his estate is shared equally between us three daughters  

She and I had Lasting Power of Attorney for our Dad. 

We have just heard that she is somehow getting him to transfer his home into her name as “you are Power of Attorney anyway”. 

i don't think this is to avoid care home costs. 

Obviously, this alters dramatically the estate that would be left to divide up at some point in the ( hopefully far distant) future. 

As much as he seems in control of his faculties, I seriously doubt he is in the right place to make such a decision - he is grieving! It would have been their 65th Wedding Anniversary last week. 

As joint POA, will I be advised that the transaction is to take place or will she just be able to do this without my knowledge? I can’t ask my father outright and my Elder sister hates my other sister and I and there is no communication between us anymore. 

I thought that as POA, one has to act in the best interests of the donor and not benefit personally. 

Any advice as to how to proceed would be gratefully received. 

Thank you. 

Deliberate deprivation of assets

https://www.saga.co.uk/magazine/money/personal-finance/giving/what-you-n...

Leaving aside the POA aspect, the above guidance from a reputable source should act as a warning as far as the care costs aspect is concerned.

Profile: Interested in the subject

Forgot to mention ......

Mum & Dad took out equity release many years ago so for all we know there’s very little left. I have heard that you can’t “gift” a property if there is equity release on it. Not sure if this is correct or not? 

It's unlikely you would find

It's unlikely you would find out - unless the POA was used.

You may wish to write to the Office of Public Guardian and say you suspect your other attorney is abusing their position.

You are correct a POA  must act in the donor's best interest.

Profile: retired barrister legal adviser with MOJ.

You may always make a gift of

You may always make a gift of your interest in a property. Here the question is what equity your father has.

Profile: solicitor for 30 + years dealing mainly in commercial transactional and dispute work, but with a broad range of experience - insolvency, environmental, employment and more. NB you are reminded of this forum's terms and conditions - the exclusion of liability applies to all replies you are given. What I say should not be relied on as legal advice

Gifting home with Equity Release debt.

I’m not sure what it stands at today but I think they took £20-30,000 about 15 years ago. I have heard that the equity release company will not allow you to gift your home as they have have a charge/ interest in that property ( unless the debt was settled before any “gifting”.) ?

Obviously a property that has

Obviously a property that has been charged cannot be transferred free of the charge. The usual course is for the charge to be redeemed.

Profile: solicitor for 30 + years dealing mainly in commercial transactional and dispute work, but with a broad range of experience - insolvency, environmental, employment and more. NB you are reminded of this forum's terms and conditions - the exclusion of liability applies to all replies you are given. What I say should not be relied on as legal advice

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