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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25424
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I WISH TO ENQUIRE IF A POWER OF ATTORNEY HAS BEEN TAKEN OUT

Resolved Question:

I WISH TO ENQUIRE IF A POWER OF ATTORNEY HAS BEEN TAKEN OUT ON MY BROTHER BY THE LOCAL AUTHORITIES IN GUILDFORD. AS I AM HIS ONLY LIVING REALTIVE APART FROM HIS WIFE WHO ARE BOTH IN FULL TIME CARE IN A HOME FOR PERSONS WITH DEMENTIA. I WOULD LIKE TO KNOW WHO IS CONTROLLING HIS PERSONAL MATTERS AS ALL ATTEMPTS TO FIND OUT HAVE BEEN MET WITH A WALL OF SILENCE.
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

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.

Joshua :

May I enquire when he was diagnosed with dementia approximately please?

Customer:

I did not know untill last November when I received a phone call from a friend of his to say both he and his wife were in care.

Joshua :

Thanks.

Joshua :

It is possible to apply to search the records of the Office of the Public Guardian (this is the authority that holds information about registered powers of attorney). A POA must be registered if it is to be used in relation to someone that lacks capacity.

Joshua :

You can make a search using the following form. Unless they now impose a fee it certainly as of last month (when I last checked) free to do so and I have no reason to suspect that this has changed.

Joshua :

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/212237/OPG100_apply_to_search_register.pdf

Joshua :

Often a council will manage a persons affairs by applying to receive pension and DWP benefit money and it may be that they are tiding things over in that way for now and planning a formal application for management of his affairs - they can do this by applying for deputyship. This is like a POA but is awarded by a court rather than given by the individual concerned (here your brother).

Joshua :

There is no reason why you could not apply to be your brothers deputy yourself if you have the time and ability to assist him with his affairs. Providing you are a person of good standing and have the necessary time and skills to do so a court will happily consider an application from a close relative.

Joshua :

Is there anything above I can clarify for you any further?

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Joshua :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Joshua and 2 other Law Specialists are ready to help you