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Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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Have an aunt aged 90 whose only son and daughter-in-law would

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Have an aunt aged 90 whose only son and daughter-in-law would appear to have bounced her into signing a LPA in the presence of a solicitor. He has now gone off on holiday and his last words were "when I get back we must see about getting you into a home....". She is perfectly capable of looking after herself and is questioning whether - even with power of attorney - he can force her to give up her own home. She acknowledges she has been a victim of bullying and says she is ready to stand up to him now. Can she withdraw her agreement to the LPA?
Submitted: 3 years ago.
Category: Family Law
Expert:  Kasare replied 3 years ago.
Hi, thank you for your question.

Do you know if the LPA was in respect of Health and Welfare or Property and Financial Affairs, or both?

The authority of an LPA does nor come into effect until it is registered with the Office of the Public Guardian. Also the Health and Welfare LPA does not take effect until a person loses mental capacity.

If this was a financial LPA, was there not restrictions?

If your aunt has mental capacity, then they cannot act against her wishes.

However, for additional security, she can cancel the LPA granted. An LPA can be cancelled at any time, provided your aunt has mental capacity. She needs to complete a deed of revocation and send a copy of this to the parties whom she authorised - she should also ask for them to return the LPA to her to ensure it is no longer in their possession (this is simply so he cant use it). If this has been registered already with the Office of the Public Guardian, she should also send a copy of the deed of revocation to them. I would recommend she send a further copy to the solicitor who she signed the LPA in the presence of.

Here is an example of a ‘deed of revocation’

This deed of revocation is made by [donor’s name] of [donor’s address].

1: I granted a lasting power of attorney for Property and Financial Affairs/Health and Welfare [delete as appropriate] on [date donor signed the lasting power of attorney] appointing [name of first attorney] of [address of first attorney] and [name of second attorney] of [address of second attorney] to act as my attorney(s).

2: I revoke the lasting power of attorney and the authority granted by it.

Signed and delivered as a deed [donor’s signature]
Date signed [date]
Witnessed by [signature of witness]
Full name of witness [name of witness]
Address of witness [address of witness]

I hope this assists.
Customer: replied 3 years ago.

I was going to start by saying 'can you believe....' but I suspect you will be more than able to believe my aunt says she can't remember signing anything about the financial arrangements in the past, however as my cousin is signing cheques and spending her money I'm sure she must have done! She is reassured by the fact they can not force her into a home using the Health & Welfare LPA. I think she wants him to continue looking after her financial affairs because she is 'out of practice' at managing bills etc. She is desperate to keep the peace (and have them continue to visit her) but I have warned her things might get a bit rocky for a while and she must insist on having sight of the paperwork she has signed. Thank God you can choose your friends! Thank you for your response.

Expert:  Kasare replied 3 years ago.
Hi Anne, I can believe! I also appreciate how she may be worried about her only child ceasing to visit and keeping the peace. However, she needs to ensure she stands her ground and obtain copies of the documents. She could also ask the solicitor for copies.

If he is spending her money, against her wishes - aside from paying her bills etc then this is wrong. A person with authority must ask in the vest interests of the person/donor. It is an offence to abuse the power they have.

If there is anything else I can assist with please let me know. In the meantime, do not forget to rate my answer (positively is appreciated)!

Thanks
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