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Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
Does your father still have mental capacity please?
yes he is full aware what is going on
Thanks. Do I assume correctly that he wishes and is willing for you to have power of attorney
yes he knows what problem it is being 250mls away
Thanks. There are then two steps to seeking power of attorney. With your permission I will address each in turn.
The first step is your father needs to revoke the existing power of attorney. If he has full mental capacity then he is legally quite within his rights to do this. In order to do this he will need to sign a deed of revocation in the presence of an adult independent witness (ideally other than you) and that deed should be sent to the Office of the public Guardian if his previous power of attorney is registered and to the your brother whether he will understand it or not asking for the return of the original POA documents. A deed you require can look like this:
yes please do as you have to
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]
Once this has been done you need to set about preparing the new powers of attorney. The simplest way to do this is to either ask a solicitor to assist or if you wish you can do so yourself using the following link:
If doing it yourself it is very important you take the time to read the guidance notes at the bottom of the page on the above link because if you do not follow the rules precisely the POAs can be invalid and you have to potentially do them again. Providing you take the time to read the notes though they are straightforward enough.
Is there anything above I can clarify for you any further?
Does the above answer all your questions or is there anything I can clarify or help with any further?
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my brother does not seem as he wants to relinquise the POA can I have the POA without him sending it back to my dad he doesn't want any up set as he is 94yrs old
Yes providing that is your dad's wish. As above your dad can revoke the previous power of attorney to your brother - your brother has no say in this. If you dad wants to do this he can use the above deed of revocation.
Once the previous power is revoked a new POA can be made as above.
Is there anything else i can help you with?