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JustAnswerKM
JustAnswerKM, Solicitor
Category: Law
Satisfied Customers: 40
Experience:  Court of Protection, civil litigation, divorce and inheritance
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My mother has appointed a solicitor as her power of attorney

Customer Question

My mother has appointed a solicitor as her power of attorney when she moved house. She has been in hospital for 2 weeks and he is now blocking her discharge to come and stay with her family (me her daughter). She has a warden controlled flat which he changed the locks on. He wants her to go into a home. My mother does not want him to be her power of attorney any more and does not want to go into a home but wants to stay with me until she can go back to her flat. The hospital are going to test her mental capacity. 'The power of attorney is making me feel that I do not have a mother and that my mother does not have any family. But she does. I have visited her every day since her admission. Please help.
Submitted: 9 months ago.
Category: Law
Expert:  JustAnswerKM replied 9 months ago.
Good afternoon Thank you for your message, I will do my best to help. May I ask first, does the Solicitor-Attorney have any of the following: 1) Lasting Power of Attorney over your mother's health and welfare (there are 2 types, property and financial affairs and health and welfare)?2) a Deprevation of Liberty Safeguards Order (DoLS)? Finally in your opinion, would you say your mother has mental capacity to manage decisions regarding her finances and health and welfare? Once I have the above information, I can answer your question better. Kind regards Krystel
Customer: replied 9 months ago.
As far as I know the solicitor/power of attorney has full power over her health and welfare as well as her finance and assets. She is due to have her mental capacity assessed today so I will let you know the outcome of that. In my opinion she can make some decisions on her own but is confused and is getting senile dementia (my opinion she has not been diagnosed with).
Hope this helps
Expert:  JustAnswerKM replied 9 months ago.
Thank you for that. It sounds as though the Solicitor-Attorney (SA) has full LPA without restrictions. The SA should give a full explanation as to why he will not allow your mother to stay with you, the only viable reason would be is if he believe your mother's health and welfare would be in danger living with you. I trust this is not the case. The SA should act in the best interest of your mother and work towards achieving the best quality of life for her. If you have evidence that the SA is not doing this, then you have a ground for removing her as SA for your mother. The application has to be made through the Court of Protection. If your mother is found to lack capacity (by assessment or medical report) you will need to provide that evidence and state your reasons as to why SA should be removed. The Court would then ask for details of someone to replace the SA as Attorney or as Deputy if your mother lacks capacity. These sort of applications have a strict criteria because you have to show the Court why it would be in your mother's best interest to replace the SA with the proposed person. The Court do encourage family members to apply who are capable of managing financial affairs, only because then the person the application is about (your mother) does not incur costs. Professionals such as Solicitors and Accountants charge for work carried out for the person. Something to think about. In the interim, you can apply for an emergency application to the Court of Protection for permission to be granted to allow your mother to live with you and your daughter. You can either make the applications yourself with the guidance of the Court by calling their helpline number 0300(###) ###-####or by contacting the Law Society and asking them for details of a Solicitor that specialises in Court of Protection matters. I hope that helps. Please let me know if there is anything you need further clarifying. Kind regardsKrystel Please rate my answer so I can be credited for it.

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