Problems With A Professsional Deputy

[foresthill]

Our mother has gone into permanent care with dementia, the onset and deterioration was very rapid and unfortunately there was no POA in place. No member of the family wanted to take on the role of Deputy so we arranged for a solicitor to take on the role of Deputy for property and financial affairs as our mothers estate is quite large with a few complications. It is apparent that the Deputy standards are not being met, and the solicitor seems very reluctant to liaise with family members. She has recently even arranged for maintenance to be carried out on the empty house without consulting the family and had workmen in who have left the house unsecured. We know we have the option of filing a complaint with the solicitors or the OPG but do not want to incur more expense should it be necessary to start the process all over again. Do the family have the right to ask to see a copy of the Annual accounts that has to be submitted to the OPG? Would be grateful for any advice.

[chamois]

What Country are you in? I applied for a POA to deal with my Mum's affairs, but I can't recall the term "Deputy" being used.

You need to find out how you can take the Deputy role from your solicitor if you are not happy with her performance. She's overstepping the mark in involving herself in the maintenance of the property and has been negligent in allowing the poor security situation to arise.

As you know, someone has to do the job and it would be beneficial to all if one of the family takes on the role. Bring to the attention of the family that you are being charged for this service and ultimately, it will reduce the value of the estate. If family members are insistent on not getting involved, look for another solicitor who has experience in this type of work and make sure that you have a reasonable idea of fees. Let the other family members know what the fees are so they won't be in a position to complain at a later date.

Insist that the solicitor shows you the Annual Accounts and if she still refuses to carry out your wishes, inform her that you will no longer require her services. Ensure that she is aware that you will report her incompetance. However, you need to follow the in-house complaints procedure prior to taking the latter step. The Principal or Senior Partner might provide her with some "advice" to remedy the situation before you take the complaint outside the practice.

[chamois]

Every legal practice has to have a Complaints Procedure and when you begin the process, you will be informed of the name of the Partner or Principal that will investigate the matter. Legal practices are forbidden from charging for investigating complaints via this route and you will not be charged a penny for either the time or work involved. You will be informed of this at the start of the procedure.

[atalanta]

If the solicitor has been given the responsibility of looking after the property, she obviously must ensure it is kept in good repair. If no member of the family is prepared to share the responsibility of deputy ( yes, "deputy" is right , or at least it was, since I was a deputy a few years ago for my father's affairs) then she has a responsibility to the estate, and ( presumably, eventually ) to the heirs who will inherit the house. If nursing home fees are required, she may take it upon herself to sell the house and invest the proceeds with a view to paying these fees.
Or she may consider it appropriate to rent out the house to help with the fees. If you have given her carte-blanche to deal with the estate, this solicitor may do all sorts of things. Only by one or more members of the family taking her place, or being joined with her, can you ensure the estate is dealt with in the way you prefer. If she is also named as executor of the lady's will, her fees could be astronomical. I do urge you to take back the deputyship if ( say) two members of the family can agree to share the job. It is a great responsibility, but it need not be a burden.

[themas]

My understanding is that the Court of Protection has to be involved (in England anyway) & they appoint the Deputy. If that is what has been done here then I don't think you can just dispense with the solicitor's services - you would have to follow the Court's procedure to try to get the Deputy changed. You say you arranged for the solicitor to take on the role but, if my understanding is correct, that couldn't be done. Or did the solicitor make all the arrangements to get Court of Protection approval? If they did, & did it without you being involved or knowing about it, then I think you would have cause to make a formal complaint about them.