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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25951
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My father in law is years old and has Parkinsons disease.

Resolved Question:

My father in law is 69 years old and has Parkinson's disease. It appears that his wife (my wife's stepmother has a power of attorney over his affairs. Her daughter in law died last November leaving her son with a profoundly autistic 7 year old son and a teenage daughter with aspurgers sydrome. My wife's stepmom is 72 and suffers with severe chronic back pain and frequent mild strokes. She is looking after the autistic grandson for much of the week. We are concerned about her health but to cap things she has put their marital home up for sale and is coercing my father in law into buying a joint home with her son so that she can look after autistic grandson all of the time. My father in law is against this but is being threatned with divorce if he doesn't agree. She already has control of his money. He is vulnerable. What can we/he do to stop this transaction?
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 ask if your FIL's wife has a lasting or enduring power of attorney please?

Customer: I believe that this provision has been made but I am not sure whether it has been brought into effect yet or whether his wife just has some limited powers over his bank account and investments from when he was ill for a spell.
Joshua :

Thank you. The position with regards XXXXX XXXXX power of attorney law at least is relatively straightforward....

Joshua :

an attorney must comply with the provisions of the mental capacity act which requires that an attorney acts in the donor's best interests at all times... I note you have gone offline. Would you like to continue?

Customer: Please.
Customer: Can she sign away his house/ agree and complete a sale without his consent? And what does he have to do to revoke or stop the power of attorney. He hasn't in any way lost his faculties or mental capacity at all. It is Parkinson's not Alzheimer's.
Joshua :

Thanks.

Joshua :

if she is acting as attorney, as above, she must act in his best interests at all times under the requirements of the mental capacity act. Further, if she is a joint owner of the property she will not be able to sign on your father-in-law's behalf and she cannot act as his attorney in respect of selling the property issues also a joint legal owner of the property. she would need to appoint a third party to act as a co-trustee in the transaction in order to sign upon your father in law's behalf

Customer: Also, can we trace his bank accounts to make sure that his money hasn't gone missing?
Joshua :

further, your father-in-law on the basis he still has full capacity, can revoke the power of attorney he has granted to his wife at any time of his choosing by simply signing a deed of revocation and serving it upon her and, if the power of attorney has been registered with the office of the Public Guardian, serving a copy upon them as well. From there, it would be unlawful for his wife to continue to hold herself out to be his attorney

Joshua :

in terms of the property, if his wife is a co-owner of the property, she can require your father-in-law to either buy out her share or require that the property is sold but she cannot force him to buy a new property with her and this is the case whether she acts as his attorney or not

Customer: thank you very much
Joshua :

with regards XXXXX XXXXX father-in-law's bank accounts, he can of course contact any such account providers himself to request statements for any period he reasonably requires an can show these to you if you are assisting in this respect. If he cannot remember the various accounts he holds, there is a lost account tracing service-link below

Joshua :

my lost account

Joshua :

www.mylostaccount.org.uk/‎

Joshua :

the legal position therefore is relatively straightforward however this does not address the emotional pressure he's been placed under and the fact that he is a vulnerable person. In so far as he is been placed under emotional pressure, all you can do is try to support him as best you can in this respect. If you are concerned that he is being abused emotionally, it is possible to contact the adult support team at social services for the local authority in which he lives can visit him and provide appropriate support as they consider necessary

Joshua :

Is there anything above I can clarify for you?

Joshua and other Law Specialists are ready to help you