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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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My mother got taken seriously ill two and a half weeks ago.

Customer Question

My mother got taken seriously ill two and a half weeks ago. She was very critical and so I contacted my brother who none of the family have seen since the year2000. He caused a number of problems after my father died around trying to lay hands on money papers etc. I am aware that these problems are noted in one of wills and outline why I am therefore down as the exectutor of her will.

He came to the hospital and was thrown out after arguing with my mum.
After spending a week and a half at the hospital I had to return home due to work commitments. From this time he appeared at the hospital and it has become evident that he has been brainwashing her. My mum is a bit confused and vulnerable with her illness. When I turned up she accused me of trying to steal her money because he said that's what I was doing. None of which is true. As mum is ill its difficult to resolve this but I did gently get through to her. She then said that he had got her to sign something. When I asked her what. She said she did not know. My main concern at the moment is for my mother. I am quite truefully worried that he could kill her with the upset he is causing. Secondary is the suspicion that he is trying to gain control of her affairs. Advice please
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hello, thanks for your question.

tdlawyer :

My name is Tony, I can assist with this.

JACUSTOMER-gc6rodng- :

hi

tdlawyer :

Hello. Does anybody act as attorney or deputy for your mother?

JACUSTOMER-gc6rodng- :

that's the problem we did not get that sorted.

tdlawyer :

Okay, and she has now lost her mental capacity?

JACUSTOMER-gc6rodng- :

she is confused but temporarily because of her illness, related to chest infection and oxygen levels.

tdlawyer :

but do you know whether she is able to make her own decisions, or is there a temporary lapse only?

JACUSTOMER-gc6rodng- :

I would say she is not in capacity presently

JACUSTOMER-gc6rodng- :

she is having hullucinations

JACUSTOMER-gc6rodng- :

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

JACUSTOMER-gc6rodng- :

I am happy for someone independent to do it, he would not be

tdlawyer :

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.,

tdlawyer :

You can't get power of attorney from her now if she has no mental capacity to give it.

tdlawyer :

That's why the Court must be involved.

JACUSTOMER-gc6rodng- :

how do I go about this and say he had done this already could I challenge it

JACUSTOMER-gc6rodng- :

its just he has got her to sign something and not sure what it is. She doesn't know what she has signed

tdlawyer :

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

tdlawyer :

http://www.adviceguide.org.uk/england/relationships_e/relationships_looking_after_people_e/managing_affairs_for_someone_else.htm#h_lasting_power_of_attorney

tdlawyer :

Two site there - both of which give detailed useful info on this.

JACUSTOMER-gc6rodng- :

Thank you I think I will look at those sites and make an application. That's been helpful

tdlawyer :

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.

tdlawyer :

Have a good weekend and thanks for your question.

tdlawyer :

Please remember to rate the answer before leaving, for me. Thank you.

tdlawyer :

Is there anything else you would like to ask me about this?

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