Here’s Something SHOCKING

Scott,

My mother has been diagnosed with dementia and will be going into 24-hour care. She has a caravan-park-living boyfriend who is a raging alcoholic and has increasingly isolated her from everyone and everything. Mum was never a drinker, but he has religiously fed her alcohol every morning from 9am onward! On the very first night I met him 10 years ago, virtually the first thing he said to me was, “You don’t have to worry about your inheritance — I don’t want anything from your mother”.

I found this strange at the time, and with recent developments I believe he’s been playing the ‘long game’ from day one.

You see, Mum owns her own house, solely purchased by her. But (according to her friends) he has been trying to gain access to her bank account and trying to get her to sell her house. He’s also taken her to her lawyer to ‘update’ her paperwork.

He has told everyone that Mum and I (and my siblings) are estranged, but he won’t allow me to visit, he sorts her mail, he screens her calls, and he hangs up on me when I call. I am financially sound and have never wanted or expected anything from Mum. As far as I’m concerned, her house is hers, and it’s her equity to support her for whatever time she has left. Is there a way to make sure the boyfriend doesn’t take everything, leaving her high and dry?

Nella

Hi Nella,

Congratulations, I believe you’ve just asked the longest question I’ve ever published.

The first thing I’d do is ask your mother if she has signed an enduring power of attorney (POA).

Explain to her that whoever is named on the POA can make financial decisions on her behalf, like accessing her bank account or selling off her property. Obviously, while she’s of sound mind the person holding her POA should only act as directed by her. Yet when and if your mother loses her mental facilities the POA continues on …

So what can you do if he’s already stitched up the POA?

Well, I spoke to my lawyer (Dr Brett Davies) and he said you could go to court and apply for an overriding ‘administration order’, which in most cases overrides and replaces the POA.

The court will hear the stories from both sides and decide who is best to control your mother’s assets while she lacks the mental capacity to do so. Even better? The administration order has the ability to outline who your mum can associate with.

Boom!

Scott.