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Hello, thanks for your question.
My name is Tony, I can assist with this.
Hello. Does anybody act as attorney or deputy for your mother?
that's the problem we did not get that sorted.
Okay, and she has now lost her mental capacity?
she is confused but temporarily because of her illness, related to chest infection and oxygen levels.
but do you know whether she is able to make her own decisions, or is there a temporary lapse only?
I would say she is not in capacity presently
she is having hullucinations
should I try to organise power of attorney. My brother will no doubt challenge this but he has not been part of our family for 13 years
I am happy for someone independent to do it, he would not be
Okay. What you can do, is to make an application to the Court of Protection, to be appointed as her deputy for the purposes of making decisions on her behalf. This would mean that you would be given the power to do all those things relating to the areas of concern, such as financial management etc.,
You can't get power of attorney from her now if she has no mental capacity to give it.
That's why the Court must be involved.
how do I go about this and say he had done this already could I challenge it
its just he has got her to sign something and not sure what it is. She doesn't know what she has signed
Well if she signed it, and she has no capacity to sign, then whatever it is can be declared invalid. However, you can make an emergency application to the Court of protection, which can be dealt with within a day or two at most. Have a look at this website, it contains a complete guide of what to do, with links to the relevant forms: http://hmctsformfinder.justice.gov.uk/courtfinder/forms/cop042-eng.pdf
Two site there - both of which give detailed useful info on this.
Thank you I think I will look at those sites and make an application. That's been helpful
Great. If you need to ask me anything later once you've read through them, just let me know, and I'll do my best to help out.
Have a good weekend and thanks for your question.
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