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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10408
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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If the person with power of attorney no longer wants to do

Resolved Question:

If the person with power of attorney no longer wants to do it can another family member take over?
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Do you have a Lasting Power of Attorney? Is it currently in force - are you currently managing the persons affairs?
Kind regards
AJ
Customer: replied 1 year ago.
My sister who is 87 (I'm 65) has had an Enduring Power of Attorney for my 90 year old brother since 1999. He has now lost mental capacity and is suffering from Alzheimer's. She now needs to register it and we have obtained the original document from storage at the Solicitors. I've downloaded the relevant forms and completed them for her to sign which she is willing to do but she says she doesn't want the Enduring Power of Attorney. I am willing to take this on as somebody has to to enable my brothers nursing home fees to be paid (currently £6,500.00 - 2 months). We have been trying to get her to register it for the last year when he started to deteriorate. All I really need to know is can she hand it over to me, how do we do this and when - before or after registration.Many thanksVictoria Hemmingsley
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
Have you seen the EPA?
Does it contain any replacement advice or replacement attorneys?
Kind regards
AJ
Customer: replied 1 year ago.
I've got it and I've completed all the appropriate forms ready for posting. There is nothing on it regarding replacement advice or replacement attorneys.Kind regardsVictoria
Expert:  Aston Lawyer replied 1 year ago.
My name is ***** ***** am happy to assist you with your enquiry.
I am afraid that unless the EPA has appointed you and your sister as Attorneys, then it is not possible for to take over as Attorney in place of your sister.
As your sister has been appointed as sole Attorney, only she can act and only she can register the EPA. If she is now not willling/feels able to act as Attorney, she has to revoke the power, and the EPA then comes null and void. Unfortunately, an Attorney can't appoint a third party as Attorney, so your sister can't just pass the power to you.
If she does revoke her position, you are then in the situation of your brother having no power of attorney in place. As you may know, you would then have no alternative to apply yourself to the Court of Protection to become your brother's Deputy (this route is necessary as your brother appears to have lost mental capacity to grant a new power of attorney to you- now called a Lasting Power of Attorney).
I am sorry this is not the answer you were looking for, but it sets out the legal position.
Kind Regards
Al
Customer: replied 1 year ago.
Thank you very much for your help. It was what I expected though from looking on the internet but I was hoping I was wrong.
Expert:  Aston Lawyer replied 1 year ago.
Hi,
Many thanks.
If I have answered your question, I would be grateful if you could leave positive feedback.
All the Best
Al
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10408
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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