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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34581
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have helped take care of my mums affairs since dad passed

Resolved Question:

I have helped take care of my mums affairs since dad passed away towards the end of 2013. She has recently sold her home and gone into care because she is suffering with dementia. I have helped her set up her self-funding with a standing order and the money from the house sale is in her bank account.
Other siblings are now more interested in mum's affairs( probably financial) and may well have taken her to see someone to try and sort out Power of Attorney for them to take over? Unfortunately mum cannot fully remember, which raises the question of whether she has full "mental capacity" to make her own decisions?
To date mum's express wishes have been for me to help her, but the main concern now is if POA is registered, other family member(s) will have a legal right to take over, and their ideas of what is best might not concur with mum's?!
I think mum can look to cancel POA if it has been registered, but at that time, it may be said she lacks "mental capacity" to do this and so POA will be allowed to go to others?
Can you advise?
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.
Have you spoken to her Doctor and asked if she does or does not have Mental Capacity?
Clare
Customer: replied 2 years ago.

Hi Clare,

I will be looking to do this asap.

As I say one of my main concerns is if an application to register POA is now in place, and at the time mum made it (probably earlier this week) she was accepted as having "mental capacity" by for example a solicitor, is even if her GP now says she does not have "mental capacity", the POA can be used once it is officially registered and stamped by the Office of the Public Guardian?

This could well put the attorney(s) in a strong position because mum (if her GP deems she does not have mental capacity) will not be able to cancel POA and her affairs will be completely in the hands of the attorney(s)?

The attorney(s) should act in mum's best interests but this may well be questionable?

Regards

Expert:  Clare replied 2 years ago.
HI
In Order to Register the Power you would have to be notified - and if there is a dispute on capacity then a medical report will be required - Solicitors are not trained to assess mental capacity
Anyone appointed as an Attorney has to account to the Court of Protection for their actions.
Regardless of what has happened you may wish to consider applying to be your mothers Deputy - details here
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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