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Thomas
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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am my mothers power of attorney and she is my fathers who

Resolved Question:

I am my mothers power of attorney and she is my fathers who has dementia. I asked our solicitor if my mother was to pass before my father would I automatically be his and he said yes when we did the power of attorneys last year. Since then my mother has been diagnosed with terminal cancer and it has now materialised I am not his power of attorney, we have also learned our solicitor has been struck off............... Is there any way my mother can reassign someone else, as my fathers power of attorney. If not can you suggest where we go from here.

Thanks Gwen
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi Gwen,

 

Thanks for your question.

 

Firstly, I am very sorry that you have found yourself in the difficult situation. You have obviously been very poorly served by your previous solicitor.

 

Your mother cannot pass on the power of attorney to another I'm afraid.

 

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

 

If satisfied then the Court could effectively grant you the same powers as your mother had in respect of his affairs under the LPA/EPA she held. 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.

 

 

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

 

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6296
Experience: BA (Hons), PgDip, Practising Solicitor
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