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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33290
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My Sister and I have joint and separate Lasting Power of attorney

Customer Question

My Sister and I have joint and separate Lasting Power of attorney Health and Welfare and Property and finance for my Dad. He is registered disabled and has dementia and slurred speech as a result of a stroke and requires 24 hour care. He has had an assessment of capacity and the outcome was that he has Testamentary Capacity, understands what is being said but does get confused. He has conducted his Will but has requested to have the name on his house Deeds changed to myself and my Sister. We would like a Solicitor in this field who could guide us through this process, and let me know what documents i need to complete and what I will need to assist my Dad to action his request. I would appreciate your advice.
Many thanks
Lydia
Submitted: 11 months ago.
Category: Law
Expert:  Clare replied 11 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhy does your father wish to take this action at this time - what is it meant to achieve?
Customer: replied 11 months ago.
He would like to make sure all his assets/ property and finance is all sorted before his health deteriorates further and one of his request is to change the title deeds name from him to myself and my sister as well as completing his Will.
Customer: replied 11 months ago.
Hello clare
Have you received my response?
Customer: replied 11 months ago.
Hello is anybody there?
Expert:  Clare replied 11 months ago.
Hi
My apologies for the delay
I appreciate that he has requested it but it is not a straightforward matter given the circumstances - so is it essential?
Clare
Customer: replied 11 months ago.
Yes he wants to get everything sorted all his affairs in order, but will need our assistance to action this. Hence my seeking a Solicitors guidance. I know this will be a long winded process but I would like to know what is required to action this.
Customer: replied 11 months ago.
Hello is anyone there?
Customer: replied 11 months ago.
Can I ask why is there such a long response time, also what time are able to answer my query?
Expert:  Clare replied 11 months ago.
Hi
My apologies for the delay
I have to deal with the list in order and each time you asked another question you dropped to the bottom again - however close you were to the top at the time.
Since you are the Attorneys and the property is to be transferred to you both then two alternate attorneys will have to be appointed to effect the Transfer and it is entirely possible that you will need an Order from the Court of protection authorising this in order to Register the transfer.
This is not something you should deal with your self due to the complexities involved.
Please ask if you need further details
Clare
Customer: replied 11 months ago.
Why do additional attorneys need to be appointed, what will they be doing and where will I need to appoint them. Also I have made contact with COP and they have guided me to the following forms COP3, COP1A, COP4 (Deputy's declaration) Are these forms famiiliar to you? All these forms are very daunting and confusing. Hence my request for assistance in moving forward.
Expert:  Clare replied 11 months ago.
Hi
As I understood it there i s already a Lasting Power of Attorney in place and registered so there is no requirement to be appointed as his Deputies which is what the forms you refer to relate to
The alternate attorneys will need to be appointed because the properties are being transferred to you and you cannot act on both sides of the transaction.
The alternative is to get a Court Order from the Court Of Protection
https://www.gov.uk/lasting-power-attorney-duties/property-financial-affairs
Clare
Customer: replied 11 months ago.
Wow, all this is very confusing. So what will tbe court order allow me to do?
Expert:  Clare replied 11 months ago.
The Order will allow you to transfer the property into the name of yourself and your sister assuming you feel that it is essential to do this and not wait for it to happen as part of the provisions of his Will
Customer: replied 11 months ago.
Ok, now I would like assistance to sction this, are you able to do this, and if yes what is your fee?
Expert:  Clare replied 11 months ago.
Hi
Does this really need to be done - it will not be cheap - is there a reason it cannot wait?
I ask because it is going to cause you a great deal of anxiety at a time that must be difficult anyway
Clare
Customer: replied 11 months ago.
Why will it cause anxiety? And do you know how much it will cost. Also I know my Dad is keen to get everything he can in order and whilst he can. I hope you understand.
Expert:  Clare replied 11 months ago.
Hi
It is going to take time and could cost upwards of £1000
The Court of Protection will need more of an explanation than the fact that your father wants things "put in order" as it is possible to do this without transferring the house now.
However if it is important to you then you should make contact with a local solicitor - chose a medium to large firm with a specialist private client department
Clare
Customer: replied 11 months ago.
So tbis is not something you yourself would do? I thought you would be able to take on private cases.
Expert:  Clare replied 11 months ago.
Hi
Sadly the rules of the site forbid it - plus you need someone local to you which I may not be!
Clare
Customer: replied 11 months ago.
Ok, thanks for your time and information clare. I will look for a Solicitor. Lydia
Expert:  Clare replied 11 months ago.
Hi Lydia
You are most welcome - do please chose a reputable local firm!
Clare

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