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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
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Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Can a person or persons holding an LPA on behalf of an elderly

Resolved Question:

Can a person or persons holding an LPA on behalf of an elderly person (103 years old) change the will or sell property without consulting the other heirs? The LPA requires consultation only.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
and thanks Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Provided it is a Property and Financial LPA which has been registered, then the Attorneys do have the right to sell that party's property or land, without obtaining any further Order form the Court of Protection. Likewise, they do not NOT need the consent or permission of any other next of kin.
An Attorney is NOT entitled to change the party's Will.
I hope this assists and sets out the legal position to you.
Kind Regards
AL
Customer: replied 2 years ago.

The LPA specifies that the LPA holders must consult with the third sibling. Does this affect your assessment? Presumably the requirement to consult does not allow a veto. Is that correct?

Expert:  Aston Lawyer replied 2 years ago.
,
Normally with an LPA, the Attorneys have the legal power to act and do not need to consult with any third party- so I am a bit confused? Could you clarify/confirm that the LPA does indeed say that?
I look forward to hearing from you.
AL
Customer: replied 2 years ago.

Yes it does. The LPA specifically states that the attorneys must consult with their brother who is named in the document.

Expert:  Aston Lawyer replied 2 years ago.

Arlene,

A party can add restrictions or conditions to their LPA which are legally binding. They can also add guidance (which is not legally binding) to assist their Attorney on how theywant things done.

Therefore, if it is merely a ,note on guidance it is NOT legally binding.

I hope this helps.

Kind Regards

AL

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10352
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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