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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34280
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have a friend who is 91 years old. He has no close family

Resolved Question:

I have a friend who is 91 years old. He has no close family members who he could trust to take a power of attorney. He is fully compos mentis mentally but extremely frail physically. He needs to sign a legal document but cannot hold a pen longer than perhaps making an X. The solicitor involved has been told verbally by him that he agrees to the contents of the document but she is saying unless he can sign his name she cannot act. He could make this X in front of her or anyone else. Can you advise what we should do in order that he can make his mark and settle this matter as it is distressing him. Many thanks
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What document does he need to sign?
Clare
Customer: replied 3 years ago.

Lifetime mortgage papers. He has property but no cash and requires a release in order to pay for home help.

Expert:  Clare replied 3 years ago.
Hi
Has he considered appointing you - or indeed a Solicitor - as his Attorney?
Clare
Customer: replied 3 years ago.

No, he is very independent and not very trusting which is his right of course and wants to retain his independence to make all decisions. It seems silly to have to consider a P of A just in this one instance. I take it from your question you think this would be the only way? Even if he got a solicitor to do a P of A he could not sign this either so if she wont agree for a X on this document how could she agree a P of A?

Expert:  Clare replied 3 years ago.
Hi
Did he chose his solicitor or was she appointed by the Equity Release Company?
Clare
Customer: replied 3 years ago.

Sorry for delay in coming back. He chose the solicitor who was approved by the Equity Release Company.

Expert:  Clare replied 3 years ago.
Hi
I suggest that he refers his solicitor to this Practise Direction form the land Registry
http://www.landregistry.gov.uk/professional/guides/practice-guide-8
Which sets out how this position should be dealt with
He should also provide her with a letter from his doctor confirming that he has Mental Capacity
I hope that this is of assistance - please ask if you need further details
Clare
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