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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Can a solicitor take over an enduring (unregistered)

Resolved Question:

Can a solicitor take over an enduring (unregistered) enduring power of attorney, if requested?
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hi,

Thanks for your enquiry.

I am not 100% clear what you would like to know? Are you asking if a EPA, which appointed the Attorneys to act on a joint basis can be changed to one so that only 1 of the Attorneys act?

I look forward to hearing from you.

Al

Customer: replied 1 year ago.
Have already found out from solicitor that current EPA cannot be changed to joint and several, allowing attorneys to act individually. Can I confirm whether or not it would be possible for a solicitor to take over and deal with POA if asked to do so?
Customer: replied 1 year ago.
Or if this cannot happen, could he act as Deputy under Court of Protection, and how long is this likely to take to set up please?
Customer: replied 1 year ago.
I meant could the solicitor act as Deputy.
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What is the background to the question?

Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Please can you call me today at midday?
My family have an EPA in place for our elderly mother and it is getting nearer the time when we feel we will need to make use of it. Unfortunately, it has been set up as all three children to act jointly for everything and I was unaware until recently that this was the case. We have already proved that working together is extremely difficult! I would be very grateful it you would talk through any alternative possible option with me.
Customer: replied 1 year ago.
Ok, happy to carry on online conversation.
Customer: replied 1 year ago.
Hi Clare, are you online ATM please?
Customer: replied 1 year ago.
I am aware that I can revoke my agreement to acting as POA. I would like to know what alternative arrangements could be put in place if I were to do this. I can't see mum being able to set up a new LPA, so if I feel strongly enough that I cannot act under the EPA I am wondering if her solicitor could maybe take over her financial affairs?
Customer: replied 1 year ago.
At the time of setting up the EPA in 2006 it did come to light that there was in fact already a previous EPA set up for the solicitor to act jointly with an accountant, but mum apparently chose to cancel this, and continue to have a new EPA set up with all 3 of her children to act jointly.
Customer: replied 1 year ago.
I look forward to hearing from you.
Expert:  Clare replied 1 year ago.

My apologies I have been offline today.

I am afraid that if your mother no longer has mental capacity then thinly way of changing the current arrangements is if one of you applies to be appointed as her Deputy on the basis that the current arrangement is unworkable.

Obviously this will mean that the three of you will have to decide at least on that course of action if nothing else.

Please ask i you need further details

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