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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 mother has died and my older sister who is 66 who was born

Customer Question

My mother has died and my older sister who is 66 who was born with Downs syndrome
and is incapable of looking after her affairs, personal & financial is now going to live
with my husband and I on a permanent basis, will I need to have an Appointeeship
for her? Jacqueline
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Are you the only relative?
Customer: replied 3 years ago.

Hi I am not the only relative, my father is in a nursing home and my brother has his power of attorney as unfortunately my father is completely unable to deal with anything. My younger sister is not


willing to look after my sister at all.


 


Telford & Wrekin Council social services have agreed that living with me is her best option

Customer: replied 3 years ago.


Hi what more information do you want?

Expert:  Stuart J replied 3 years ago.
Is she mentally capable of giving consent to a Power of Attorney or just incapable of managing her affairs?
Customer: replied 3 years ago.

No she is incapable of giving consent to a Power of Attory and incapable of managing anything.

Expert:  Stuart J replied 3 years ago.




Thank you.

You have to apply to the Court of
Protection to become what is known as a Deputy.



In your sister was capable of granting
consent, then you could have applied for a lasting power of attorney, but that
is not an option in this case.



Deputy ship will then give you
authority to manage your sister's affairs in total.



There are two types, and you may want
to apply for both. Finances and also health and welfare.



Unless you know what you are doing, you
might want to get a solicitor to deal with this for you. Although there is no
reason why you cannot do it yourself, the paperwork is full of pitfalls for the
unwary. It takes several months (there is no shortcut) and a solicitor will
charge about £2000.



There is some reading here https://www.gov.uk/become-deputy/overview



can I help further?





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Stuart J, Solicitor
Category: Law
Satisfied Customers: 22403
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Stuart J and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Just 1more ? can I get form from court to complete asking doctor for letter of confirmation as 2 her capacity?

Customer: replied 3 years ago.


Thank you for getting in touch. I realise the pitfalls of going alone but unfortunately there is little funds for me to do this and go through a solicitor, so luckily have 2 daughters who have done law degrees and master so hoping we can get form from Court and go on from there.


 


I have had to do many forms for benefits for my sister so I know must be aware of doing things correctly.


 


Sorry cannot add bonus for you although I know time is money. Jacqueline


 


 

Expert:  Stuart J replied 3 years ago.

No problem. I am glad to help. I hope you get sorted. Regards

L

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