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?
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 Firstly, EPA's are no longer valid powers of attorney (they have been replaced by LPA's).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
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
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