am I an excluded occupier??

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  • #16
    There's quite a complex process to go through to trigger an LPA, and if your father has the capacity to make decisions, it should have failed that process.

    The LPA lays out the basis of the Power, so it can be challenged if the trusted person isn't acting in line with the terms of the LPA.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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    • #17
      Speak to an appropriate lawyer about the LPA, has any required notifications be given, is it registered, is it still within the challenge period, is the brother action challengable etc. An internet forum about landlords & tenants is not going to be able to help you.
      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

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      • #18
        Got it, thanks, I know this isnt the place to ask about LPAs, but was actually just trying to find out if I had any legal rights in terms of being a tenant, which clearly I don't. Think it's time to get a solicitor!

        Many thanks

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        • #19
          Originally posted by sdm038 View Post
          It's a minefield really as my father still has mental capacity, and I still have his permission to be here, and clearly my brother is acting against our fathers wishes. Alas my father isn't able to act on his own anymore so couldn't revoke the LPA even if he wanted to..
          This is confusing. If he has mental capacity and is able to communicate his wishes to you, he can get the LPA revoked, even if it requires the use of a specialist intermediary.

          In case this is part of the issue, mental capacity can vary from day to day and does vary with the task. The amount of capacity needed for LPAs is not that high.

          Of course, there will be the question of your applying undue influence, which is why you need good legal advice, not advice from a forum.

          Also, I note that my parents' EPAs had a clause saying that the attorney could see the wills when the EPA was registered. I think the clear intent was that the attorney should act in a way that didn't conflict with the intent of the wills.

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          • #20
            Originally posted by jpkeates View Post
            My conclusion was based on my view of the OP's status.
            Ah so you were discussing trespassers, then, but OP.

            It's not that clear what his status is.

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            • #21
              Thanks leaseholder64 - I agree with what you are saying - and as far as Mental Capacity goes, it has to be judged on a 'decision' basis, ie Dad could be able to understand and decide if he wants to sell his house one day, and decide against it, and the next day may have forgot what he said, and change his mind! The trouble is he lives in Italy, and his short term memory is getting bad, but in some respects he still has Mental Capacity.

              As far as the Will goes, what my brother is doing is in line with the Will, ie sell the house and put the proceeds into an offshore trust fund for his sons. The main issue is not even my being evicted, but to do with respecting someones wishes rather than using them to line one's own pockets. It's my father's house, and he should be able to say whether it's sold or not. He has plenty of savings, so no need to find money for his care etc. It's just the greed and the vulture mentality that really angers me.

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              • #22
                The will isn't really relevant until the person who's will it is dies - a will doesn't necessarily indicate what someone wants when they're still alive.

                The Office of the Public Guardian is where to raise any concerns with UK LPA's.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                • #23
                  An attorney is expected to do their utmost to allow the donor to make their own decisions, or as much of those decisions as they can, e.g. see https://www.gov.uk/government/upload...f-practice.pdf

                  They cannot reject such a decision simply because they think it is unwise.

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                  • #24
                    I agree with you leaseholder64 - but when someone with an LPA is motivated purely by greed they are not going to respect someone else's wishes, especially when the donor already lacks mental capacity. And its going to be difficult to prove.

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                    • #25
                      Whilst you don't seem to have been paying money as rent, rent can be other things than money: So, for example, if you've been doing all maintenance & repairs & decoration (evidence?), or paying insurance or contributing some other way to the cost of the place you may be deemed to have paid "moneysworth" so rent so a tenant.

                      Try checking Shelter's website and/or 'phoning their helpline, 0808 800 4444 (expect a wait)
                      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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