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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My Mum moved to Spain in July 2007 with my step father and

Resolved Question:

Hi My Mum moved to Spain in July 2007 with my step father and at that time according to the MMSE scoring she was in the moderate to severe stages of dementia.
My Mum has been placed in care home.
I have gone to court to be appointed as my mother's Deputy which has been refused could I appeal this decision
many thanks
Your Expert needs more information
From Clare
30 August 2015 09:43 EST
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 Hi My Mum moved to Spain in July 2007 with my step father and at that time according to the MMSE scoring she was in the moderate to severe stages of dementia.
They sold their house in the UK and before they left my step father tricked my Mum into signing a will leaving everything to their son.
This was not her wishes when she had mental capacity, Mum always said that all her children would get an equal share of their estate.
They purchased a villa in Spain and once again trickery was used as one third of the villa was put in my brothers name even though he had not contributed to the cost of the villa.
My step father died in August 2010 and his third share of the villa was transferred to my Mum.
My Mum returned to the UK and was placed in care.
Could you please advise me where I stand legally as Mum does own the major share.
For your info I have applied to the Court of Protection to overturn the will.
Thank you
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Your Expert needs more information
From Clare
30 August 2015 09:43 EST
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 been appointed as your mother's Deputy?
Clare
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
Why was it refused?
Clare
Customer: replied 1 year ago.






sorry it wasent refused but i suspect it will be as

I attended a hearing at the court of protection several days ago.









It was ordered that all evidence the respondents were intending to use in court be served four days before the hearing.









I did not receive any evidence and I informed the court of this by email the day before the hearing.









At the hearing the judge was obviously referring to evidence that I had not received, when I told him he said that I could have a copy after the hearing.









I was at a disadvantage as I was not prepared.









Can I appeal if the judge's decision is not in my favour, as I suspect that will be the case, on the above grounds.









Thank-you






Expert:  Clare replied 1 year ago.
Hi
Yes in those circumstances you can appeal the result as you did not receive the evidence in advance
Please ask if you need further details
Clare
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