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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10459
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My father has Alzheimer's and my brother, sister and myself

Customer Question

My father has Alzheimer's and my brother, sister and myself have an LPA in place. My step mother wants us to sign an EPA in favour of her so the can change the utilities into her name from my fathers and for any unforseen expenses which may occur regarding the house. Do you think we should sign this EPA? If signing this EPA, will we be giving her access to my fathers money and can she take money out without us knowing?
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hi, thanks for your enquiry. Just so I can answer you fully, could you confirm that your step mother has asked you to sign an Enduring Power of Attorney?

Kind Regards

Al

Customer: replied 1 year ago.
I have a letter from her solicitors asking me to sign the EPA in favour of her. He says this will be in addition to the LPA that my father granted in favour of my brother, sister and myself as he was told that this is so that my step mother could change the utilities into her name and for any unforseen expenses which may occur regarding their house.
Expert:  Aston Lawyer replied 1 year ago.

Hi, thanks for your reply. Unless I am missing something, I don't think what the Solicitor is proposing is legal/capable of being done. Firstly, EPA's are no longer valid powers of attorney (they have been replaced by LPA's). Even if you asked to sign an alternative valid power of attorney, an Attorney can't "appoint" another third party as an Attorney for the donor (your Father). At the end of the day, you and your siblings are the only parties legally entitled to deal with your Father's affairs, and even if the proposed EPA etc was workable, I wouldn't suggest that you sign anything as it would mean that your step mother would have access to your Father's assets/accounts. I hope this assists and sets out the legal position. Kind Regards Al

Customer: replied 1 year ago.
Thank you for your advice. Please may you advise me how I should deal with her solicitor? He obviously has given faulse information and she has paid a very large some of money to this solicitor to set this up.
Expert:  Aston Lawyer replied 1 year ago.

Hi, well, the simple and best thing to do would be to confirm to her Solicitor that you are not prepared to sign the document he is asking you to sign. I can't of course talk for your Mother in law, but it is up to her to seek a second legal opinion as to whether she has been badly advised by her current Solicitor. If I have helped, I would be grateful if you could rate my answer. Kind Regards Al

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Customer: replied 1 year ago.
Dear Al, Please look at the wording of the document that I received yesterday from my step mothers solicitors. Before I confront this solicitor I need to have more information. This is what I received. Notice of Intention to Apply for Registration of an Enduring Power of Attorney, it is addressed to myself (daughter) TAKE NOTICE THAT (my step mother) (address) and I of The Attorney of (my father) of (address) intend to apply to the Public Guardian for registration of the enduring power of attorney appointing me attorney and made by the donor on the 17th April 1995.I do not understand the date 17th April 1995. Can you help me.
Expert:  Aston Lawyer replied 1 year ago.

Hi, apologies for the delay. The above confirms that your Father did indeed sign an EPA back in 1995! So, when the LPA was signed, your Father should have signed a Deed revoking the existing EPA. You will therefore need to speak to the Solicitor who prepared the LPA to see if this was done. Kind Regards Al