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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My nan has three daughters the youngest one has power of attorney,is

Customer Question

My nan has three daughters the youngest one has power of attorney,is that just over her finances? my nan now is not mentally fit to make certain choices, who actually has the right to make them for her by law and is there anything to protect my nan from her finances being used up by my auntie.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When was the Power signed?
Clare
Customer: replied 2 years ago.
Approx 10 years ago when she was in sound mind.
Expert:  Clare replied 2 years ago.
Hi
Was it called an Enduring Power or a Lasting Power?
Clare
Customer: replied 2 years ago.
I can't tell you that as I don't know but it was set up for her to help my nan with her banking as she got older she found it harder to deal with her husband is a solicitor so I would have thought till she died. I hope this helps you
Customer: replied 2 years ago.
Not satisfied with the disclaimer I would like my money back if I had been shown that disclaimer first I would never of thought about paying fourth pounds I havn't got, false advertisement i personly feel if you talk to a lawyer then they give you legal advice if that's not the case then I'm totally unsatisfied
Expert:  Clare replied 2 years ago.
Hi Sarah
I am sorry that you are not happy with the disclaimer
I can confirm that I am indeed a Uk lawyer and can give you information about your legal position
It will of course be limited since I can only go on the basic facts that you give me - but it will be a reasonable assessment of your legal position
Do you wish to continue?
Clare
Customer: replied 2 years ago.

Yes

Customer: replied 2 years ago.
Hello havn't heard anything for ages
Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay
If the Power of Attorney was signed 10 years ago then it will be an Enduring Power of Attorney that relates to financial issues only
If your Grandmother has now lost mental capacity then the Power will have to be Registered with the Court of protection and you can read about it here
http://www.justice.gov.uk/downloads/forms/opg/epa101.pdf
It is the Office of the Official Solicitor and the Court of protection who deal with ensuring that your Aunt acts only in your grandmothers interests and not in her own
However the fact is that since this is (probably) an Enduring Power means that no one has the specific legal authority to make decisions about her Health and Welfare so it is a matter for the family to agree
Alternatively one or more of the Family can apply to be appointed as her Deputy to allow them to deal with matters
https://www.gov.uk/become-deputy/overview
I hope that this is of assistance - please ask if you need further details
Clare

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