How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33826
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

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
Picture
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
Clare, Solicitor
Category: Law
Satisfied Customers: 33826
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice