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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22386
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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Please can you help me. Last June my mother had 2 mini strokes

Customer Question

Please can you help me.
Last June my mother had 2 mini strokes and this prompted her to complete a Lasting power of attorney naming me as her attorney.She had full capacity at this time.However,we did not lodge the forms at this time.
In January this year,she has had a major stroke.I was on holiday at the time and flew home immediately.She was found with a black eye so a Social worker needed to put her under a Safeguarding programme.
However,the police and dr were not able to state whether the injury had been caused by someone or as a result of a fall.
It seems she is still being safeguarded and although I
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

How can I help with this?
Customer: replied 3 years ago.

have asked if she is being safe guarded from me and he says she is not,there is something going on.He said it was too late to lodge the POA,but I have since found this is not true,so have lodged it.I have asked him to put in writing the reason she cant move in with me.Previously when we asked if she could,they said they couldnt stop us.

My brother was initially arrested,and a condition of his bail was that he had to stay away from her for a month,but can now visit her in the respite centre.He has been once and they were partially estranged from my mum,who is 80.He never visited her or phoned.

The social worked says he will arrange for an independent advocate to take over my mums health and finance decisions.When I say I have a POA,he says they will still go ahead with theirs.He said Its because my brother and I cant agree on my mums welfare.I have letters from her gp,priest,brother,cousins and friends all to say that they feel it would be best for my mum to live with me,that my brother did not care for mum and caused her upset.Mum didnt name him as a 2nd attorney or even as someone to be advised.

The social worker also says I cannot take mum to the bank--where she is extremely well known,to make a cash withdrawal,as this is fraud.The guy who had written out her will,had told me I could make withdrawals as long as I keep receipts for expenditure,as mums speech therapy is costing about £100 a week.He says Mum does not have mental capacity,yet when asked where she wants to live,she always answers with "My daughters".

Now my questions are---

1 Can I make withdrawals from the bank,as I had taken £500 which has already been spent?

2 If I have POA,can my brother object

3 What will happen if the social workers request to take over her health and finance decisions is agreed by the Court of protection before my POA is received

4 As of this week my mum needs to start paying at the Respite centre which I feel is unnecessary,so I would then like her to move in with me,so do I advise the social worker of my intentions,do I have to ask his permission or do I just up and go?

please help as I am going out of my mind with worry.He wants to put her in a care home 1.5 hours away from me.She cant really read,watch tv,call friends,all the things she used to enjoy,so as I am now her main source of social activity it will be best all round if she is with me.


Expert:  Stuart J replied 3 years ago.

I have been asked to look at this. Just because she has a stroke doesn't mean she lacks mental capacity? Does she have mental capacity?

Is the bank acct in joint names?

Whose permission do think you should ask? Is the PoA for health and welfare?

Why does he want her so far away?


Customer: replied 3 years ago.

They say she lacks mental capacity,but I thought that was the essence of a POA,as she was perfectly ok when she completed it.


The bank account is in her sole name.


The POA is both for health and welfare and property and finance.I feel I need to ask or inform the Social worker I will be removing mum to my care.But scared he will say no.Its important that you advise whether his seeking advocacy through the court can over ride my POA,as he seems to think it can


The Home is in the area my mum lived in,as he says its important she remains on familiar ground.But she is unable to venture out without me

Expert:  Stuart J replied 3 years ago.

I assume this is an LPA

She can withdraw it at any time until you register it and as she didn't have mental capacity at that time, you cannot say she agreed when you submitted it.

You cannot use the LPA or access the bank account until you have the LPA registered which you cannot now legally register.

He can get you removed as attorney or object to registration on grounds that mum didn't have capacity when the application was submitted.

He can make application to become a deputy which is long winded and will not usually happen within 6 months.

I am not certain what the problem is with the home where she lives but I don't think the "same area/familiar" carries any weight.

It is actually you it seems who wants her to move 1.5hrs away rather than the opposite.






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