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Nick H
Nick H, Solicitor
Category: UK Law
Satisfied Customers: 113
Experience:  Ten year qualified Solicitor
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My English brother in law had serious stroke on Wed last and

Customer Question

My English brother in law had serious stroke on Wed last and is in hospital in Inverness. He thinks that he did not set up enduring power of attorney. His daughter and son are with him and want to arrange this while he is able to deal with it but cannot find a duty solicitor to help. Must they wait until Monday?
Submitted: 10 months ago.
Category: UK Law
Expert:  Nick H replied 10 months ago.

Hello – I am slightly concerned about answering this question as it is possibly subject to Scots Law. I understand that in Scotland it is called a Continuing Power of Attorney.

However in England and Wales it is not necessary to use a solicitor to create an Enduring Power of Attorney – which is now called a Lasting Power of Attorney. There are rules around mental capacity and you will need to follow the procedure.