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Aston Lawyer
Aston Lawyer, Solicitor
Category: Family Law
Satisfied Customers: 10176
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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my brother has power of attorney for our mother who is 92

Customer Question

my brother has power of attorney for our mother who is 92 in a residentual home as she has advanced dementia.my brother is now terminally with cancer and wants me to have power of attorney in order to deal with all her financial affairs.How do we proceed with this please.
Submitted: 3 years ago.
Category: Family Law
Expert:  Aston Lawyer replied 3 years ago.

Hi there,

Thanks for your enquiry.

Could you please confirm if it is an Enduring Power of Attorney, and if so, is the Power registered, and does it appoint your Brother on his own?

I look forward to hearing from you.

Kind Regards

AL

Customer: replied 3 years ago.

Sorry for delay.Both my brothers have Enduring Power of Attorney and it has been registered.Brother (m) and myself who live near my mother manage all her the finances etc hence the need now for me to have the EPA transferred to me .Brother(T) lives some considerable distance away so has no involvement with the finances.


I await your reply.


 


Many thanks


 


Jo-anne

Expert:  Aston Lawyer replied 3 years ago.

Hi Jo-anne,

Thanks for your reply.

As the EPA is registered, I'm afraid it isn't going to be straight forward to change things now.

The Court of Protection has no power to change Attorneys or transfer the Power from your Brother to you. The only thing that can be done with the EPA is to make an application to the Court to cancel the EPA. Once cancelled, if both your Brothers are in agreement, you would then need to apply to the Court to become your Mother's Deputy. This is a long winded process and enclose a link relating to it. https://www.gov.uk/apply-to-the-court-of-protection

Although I appreciate your other Brother is living some distance away, I must say that it is going to be far quicker and cheaper for him to carry on as your Mother's Attorney.

I am sorry this is not the answer you were looking for, but this sets out the legal position.

If I have answered your Question, I would be grateful if you could leave positive feedback.

Kind Regards

AL

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