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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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MY BROTHER IS TRYING TO GET LPA OVER MY FATHER WITH ALZIMERS

Customer Question

MY BROTHER IS TRYING TO GET LPA OVER MY FATHER WITH ALZIMERS AND INSISTS FOR HIM TO BE NAMED ONLY AND NOT ANY OTHER SIBLINGS WHAT IS MY RIGHTS
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.

-Could you explain your situation a little more?

Why do you object? Dont you trust him?

Is a solicitor making the application?

Does your father have any mental capacity to know what he is doing?

Customer: replied 4 years ago.

,My dad has aggresive form and my mothers health not great either
only had ltd contact until they are vunrebal,A doctor last wk said sectioning him she had those powers,My brother wants to be on LPO on his own without me or my sister and stating to mum thats needed there is a will in place from along time ago that if anything happened assests shared three ways I feel this is needed for care and proffesional or adult social workers take that role with close meetings with all three children. hope this explains a little more.

Expert:  Stuart J replied 4 years ago.

So from that can I assume that he doesnt have mental capacity?

I still dont why you object.

Is he applying for LPA or deputyship?

Is a solicitor doing this?

Customer: replied 3 years ago.

not great some days he dooes.I object as my mother is ok and is sound in mind.What is deputyship,he doing it online and mentions this will affect will and he will be incharge i feel unsetled.

Expert:  Stuart J replied 3 years ago.


It would probably make more sense if your mother was the one
doing the objecting and your mother was the one applying to become an attorney.
The form to register an objection is here

http://www.daviessolicitors.co.uk/forms_davies/Powers%20of%20Attorney/Court%20of%20Protection%20-%20Application%20to%20object%20to%20the%20registration%20of%20a%20Lasting%20Power%20of%20Attorney.pdf



there is no reason why there cannot be joint attorneys



if, however, your father is not capable of granting power of
attorney, then your brother or your mother must apply for deputyship, which is
generally not joint.



The process is more involved in objecting to deputyship
application and some notes and perform are here.



It is worth mentioning that you cannot object to it on the
basis that you don't like it, because clearly, someone has to take care of your
father's affairs. There must be a substantial reason why and you must have an
alternative in place.



http://www.stjohnschambers.co.uk/wp-content/uploads/2012/07/Court-of-Protection-Contested-Deputyship-and-LPA-EPA-Applications.pdf



http://wbus.westlaw.co.uk/forms/pdf/cpf09341.pdf



to be frank, it would be better if your mother made the
application because clearly, she is in a better situation.



Can I help further?



Please bear with me over the weekend as I am online and
off-line

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