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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6308
Experience:  BA (Hons), PgDip, Practising Solicitor
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How do I go about arranging a lasting power of attorney so

Resolved Question:

How do I go about arranging a lasting power of attorney so I can take control of my elderly mother's affairs (she is in a care home and no longer has the capacity or mobility to take care of her affairs).
Submitted: 3 years ago.
Category: UK Family Law
Expert:  Thomas replied 3 years ago.

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. When you refer to capacity, do you mean that she no longer has the mental capacity to understand the implications of the decision which she really is required to make in respect of her care and property/financial affairs?

Kind regards.

Tom

Customer: replied 3 years ago.

Yes. She's had various mental health issues all her life and was even sectioned for a month a few years ago and been diagnosed as a paranoid schizophrenic.

Now that she's getting on a bit her memory is going as well and she's on a lot of medication in her care home to keep her on an even keel. I have to contribute to her care costs which I why I need the authority to access her bank accounts to continue paying for her care.

She is aware she has money via a state and a small private pension.

Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks for your reply.


Firstly, I am very sorry that you have found yourself in the difficult situation

If your mother does not have the requisite mental capacity to grant a power of attorney to you, in that she no longer understands the implications of the decisions put to her then you will be looking at making an application to the Court of Protection to be appointed deputy for you're her

 

If satisfied then the Court could effectively grant you the same powers in respect of his affairs as in under an LPA which your mother herself could apply for if she retained her mental capacity. In order to get appointed as quickly as possible I would suggest that you ask a local solicitor to prepare and submit the application for you. It will be more likely to be successful because the Court of Protection will take in to account the fact that your solicitor will have made his own judgement of the situation and come to the conclusion that there is no element of impropriety in the purpose of the application

You can find Uk solicitors through the following Law Society Website search engine:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

Enter either "wills and probate" or "trusts law" in the area of law box, they will have solicitors in those departments who can do this for you.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

 

Customer: replied 3 years ago.

Hi Tom,

 

I think she'll be ok about granting me an LPA so can you clarify how I would obtain this - is this something that has to be drafted by a solicitor or can I just 'download' something from somewhere?

 

Thanks,

Ajmer

Expert:  Thomas replied 3 years ago.

Ajmer,

 

The point is that you stated she is unable to understand the implications of the decisions she has to make, this means she does not have what is termed "mental capacity". This means that she cannot grant you an LPA herself because she does not understand the consquences of doing so.

 

If this is the case then you will have to apply to Court to be appointed as deputy so that you can manage her affairs in the same way a person with an LPA could. You would need a solicitor to do this for you. The solicitor would also be able to make an assessment of whether or not she does have mental capacity.

If the solicitor decides she understands the immplicaitons/consequences of her decisions then you can simply apply for a an LPA in the usualy way via the solicitor.

 

Trust this clarifies, if so please click accept.

 

Kind regards,


Tom

Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6308
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 4 other UK Family Law Specialists are ready to help you

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