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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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My mothers house sale is very close to exchange but the other

Customer Question

My mothers house sale is very close to exchange but the other sides solicitor have asked for evidence of her mental capacity
i am clear that she wants to sell (to fund her current care home fees and for other reasons). however, as the sale has progressed she has been diagnosed with mild dementia. i am therefore uncertain whether we can provide this evidence now and do not want any chance, however, remote of legal challenge.
can i apply to court of protection on an emergency basis and if so how long would it take? any other options?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Just so I am 100% clear, I take it that your Mother is selling in her own capacity, as opposed to you selling the property as her Attorney?

(I must say it is not usual for a Buyers Solicitor to query the capacaity of a Seller).

I look forward to hearing from you.

Kind Regards

Al