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Ask Clare Your Own Question
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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Customer Question

Hello I am having a lot of trouble with my elder brother over my mum! She is widowed and 84 she has vascular dementia , my brother got her to agree to us having power of attorney , he is drawing up document, he also has changed her will and thinks he can get her to sign he keeps trying to involve me and I am trying to not get involved but I am very worried as I believe his ultimate aim may be to put mum in a home and take control and cut me out of inheritance what the heck do I do?
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.
Does your mother actually still have Mental Capacity?
Clare
Customer: replied 2 years ago.
Hello yes she does ! She has been diagnosed with 2 problems impaired memory and fluidity problems, other than that she is still quite good and can have a conversation with me but her short term memory is bad so she forgets again
Expert:  Clare replied 2 years ago.
Hi
have you actually asked her consultant if she has mental capacity?
Clare
Customer: replied 2 years ago.
Yes I have asked, and yes she has the consultant said she is simply memory impaired on short term that is all
Thanks
Expert:  Clare replied 2 years ago.
When you say he has changed her Will what do you mean?
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.
He has drawn up papers for power of attorney and he has completely re written a new will for her
Expert:  Clare replied 2 years ago.
Hi
Has a Solicitor been involved in this?
Clare
Customer: replied 2 years ago.
No not at all
Customer: replied 2 years ago.
No not at all! Listen I am a bit concerned that every time you reply with a one line answer and question that I am going to be charged £56 I can't afford more that one payment
Expert:  Clare replied 2 years ago.
You and your brother holding Lasting Power of Attorney is in fact essential given her current problems - you can read about them herehttps://www.gov.uk/power-of-attorney/overviewAny papers that are "drawn up" will need to be Registered with the Court Of Protection.The position with regard to the Will is very different but the circumstances you describe will certainly mean that if this Will is signed it can be challengedwhen your mother dies.If your brother does believe that a new Will is necessary then a letter should be obtained form her Consultant stating that she has mental capacity and a solicitor should be asked to take her instructions.You can point out to your brother that this will be a way of protecting you both in the future.I hope that this is of assistance - please ask if you need further details - everything on this is covered by the payment you have made Clare
Clare and other Law Specialists are ready to help you