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Buachaill
Buachaill, Barrister
Category: UK Law
Satisfied Customers: 10189
Experience:  Barrister 17 years experience
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I have a lasting power of attorney in place/registered

Customer Question

I have a lasting power of attorney in place/registered for my sister, however she does not have the mental capacity to understand the POA or provide her consent for me to have applied for the POA in the first place. Is this still valid or is there something else I need to apply for?
Submitted: 1 year ago.
Category: UK Law
Expert:  Buachaill replied 1 year ago.

1. Can you better explain the situation. When did your sister not have the mental capacity to understand the Power of Attorney. Is it today, if you were to get it registered, or was it when it was created? Was there a psychiatrist involved in the creation of the Power of Attorney or other medical practitioner who attested to her legal capacity at the time of the making of the Power of ATtorney?

Customer: replied 1 year ago.
My sister was born with cerebellar ataxia, none verbal and years old still living at home with our mother. I applied for the POA in order to deal with an car accident (my sister was in) claim. I applied via the GOV.UK website this year and was directed to the Lasting Power of Attorney as this now replaced the Enduring POA, our mother is also named on the poa. My sister's social work carried out a Mental Capacity assessment and concluded my sister would know/understand what she was entering as she doesn't have the capacity to retain information, and whilst I agree with the assessment I need a way of protecting my sister and be able to act on her behalf/interests. I don't want the POA to be invalidated just because my sister doesn't understand the formality and/or I need something that does give me the authority.
Expert:  Buachaill replied 1 year ago.

2. I regret to say that a Lasting Power of Attorney is not valid unless there was a medical practitioner who signed off on your sister being able to understand what she was doing. Having your "sister's social work" is not sufficient. Was there a medical practitioner involved? If not, then you need to get a fresh Lasting power of attorney made up today, this time involving both a solicitor and a medical practitioner.