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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33534
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hello there, I would like to apply to get permenent

Resolved Question:

there,
I would like to apply to get permenent power of attonary dad as he is 93
My brother and sister has one at the moment,but the reason I am applying is because my brother is spending his money recklessly,like buying a car with my dads money and spending his money ment to look after him on his music business, also another issue,my brother is stopping me from seeing him,so can I get acourt order to gain access,and to stop him from banning my phone no ,so I cant ring.
regards carlos
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question .
Thank you!
Nicola
Customer: replied 2 years ago.

Nicola

I will wait answer

regards carlos

Expert:  Nicola-mod replied 2 years ago.
,
We will continue to look Professional to assist you.
I will be away days from tomorrow but will send your question out to all Professionals directly and will check in then.
Thank you patience,
Nicola
Expert:  Clare replied 2 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
When did your father sign the power of Attorney?
What evidence do you have of wrongdoing?
Clare
Customer: replied 2 years ago.

clara,

thanks reply, My father signed the power of attorney

I think august 2014. but I cant be sure if thats the exact month. The evidence is my brother bought a car, and he uses money music business, I cant prove the second,but the first I can prove. Also I would

like to know how I can get a court order so I can see my father alone with out my brother being in the house,as I need to talk to him to see if he is ok. My brother is mentally unbalanced,and has been in care few months, I cant ring and cant visit execpt when my sister is down from Scotland. ps who ever looks after my father influences him to say what they want,and he looks after my father,as a carer.

regards carlos

Expert:  Clare replied 2 years ago.

Has your brother registered the Power with the Court of Protection?
Clare
Customer: replied 2 years ago.

I dont know, but I think he just went to a solicitor

carlos

Expert:  Clare replied 2 years ago.

What makes you think that he holds Power of Attorney?
Clare
Customer: replied 2 years ago.

becaus he he can sign cheques,and withdraw money from my fathers account.

carlos

Expert:  Clare replied 2 years ago.

Does your father have Mental capacity?
Clare
Customer: replied 2 years ago.

yes he has,but he forgets a lot.

Expert:  Clare replied 2 years ago.

When did you last speak to your father and when can you visit them again?
Clare
Customer: replied 2 years ago.

Now I can visit my father, but I cant talk to him about power of attonary as my brother is always there and he has the front door keys only. when my brother is not there my father cant open the front door.

Expert:  Clare replied 2 years ago.

Have you asked Social Services to check on his care?
Clare
Customer: replied 2 years ago.

yes the social services have been involved a lot in the past,but we have agreed we dont want them and my father does not want them in his house,as they are making situations worse,and thats the end of the matter.

carlos

Expert:  Clare replied 2 years ago.

When were they involved?
Clare
Customer: replied 2 years ago.

up to 3 months ago,

Expert:  Clare replied 2 years ago.

Did they decide he had mental capacity - what action did they take?
Clare
Customer: replied 2 years ago.

no we know he has mental capacity. Now why are you asking me about social workers all the time, I and my family dont want them involved.I am wondering when we will get to a conculation about the question I asked you in the first place?

Expert:  Clare replied 2 years ago.

I am sorry but you have given conflicting information about your father's mental capacity
You have said that he "forgets a lot" and is "influenced by whoever speaks to him" which clearly points towards a problem with mental capacity.
You will need to check whether or not any form of Power of Attorney has already been granted or not
This is done using the process here
https://www.gov.uk/find-someones-attorney-or-deputy
If you brother does hold Power of Attorney then you can report your concerns about his actions to the Court of Protection using the process here
https://www.gov.uk/report-concern-about-attorney-deputy
I asked about Social Services because if they have concerns about your brother's care of your father this would be the swiftest way of your having contact with your father.
Their assessment of his mental capacity would also be influential,
If there has been no Power of Attorney then the first step is to obtain a medical report confirming that your father has mental capacity.
If he does then you and your sister will need to arrange to visit a solicitor so that a power of Attorney can be prepared.
If not then you will need to consider applying to be appointed as your fathers Deputy - details here
https://www.gov.uk/become-deputy/overview
Please ask if you need further details
Clare
Customer: replied 1 year ago.

claire,

thanks answer, but you have not answered my other question, which is how can I get a court order so I can visit my dad with out my brother stopping me, and also get a cut of keys so I can get in side. oveiously I can only do it if a solicitor and me are present to make the arrangements with my dad, with out my brother being there to influenceing him

Expert:  Clare replied 1 year ago.

To get a Court Order you will need the assistance of Social Services who would have to rule that he is a Vulnerable Adult and enable you to apply to act as his deputy
There is no other option available to you UNLESS your sister can arrange father to leave the house so that you can meet him elsewhere
I appreciate that this is not what you wish to hear but I can only tell you the law as it is - not as we might like it to be
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33534
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Hello Clare,


I dont have any more questions for you,and I have rated your work.


regards carlos

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