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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11753
Experience:  30 years as a practising solicitor.
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My mother was diagnosed with vascular dementia last summer,

Resolved Question:

My mother was diagnosed with vascular dementia last summer, my Solicitor applied for Power of Attorney but made some mistake and the application was rejected and he now suggests applying for Deputyship instead. Can Power of Attorney still be applied for if someone has lost capacity? I would prefer a Power of Attorney rather than deputyship.  She is currently in a Residential Home and applying for legal authority to deal with her financial and health and wellbeing has now been going on since March of last year.   I have lost faith in this solicitor and need advice on the best way forward.  My mother is still able to sign documents and to understand what they are for and why she is signing them.

Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
If someone has lost mental capacity to the extent that they would not understand the legal nature and effect of a Power of Attorney then a Power of Attorney can't be done.
If, however, as you say your mother can understand the document then there is no reason why she couldn't sign Power of Attorney. Where there is any doubt her doctor can be asked to give an opinion as to her capacity to enter into such a document.
As you will appreciate there are degrees of incapacity but the test is always whether the person understands what they are signing and the purpose of the document.
I hope this helps.
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