How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

My mother age 92 has cognitive impairment but no diagnosis

Customer Question

my mother age 92 has cognitive impairment but no diagnosis from a professional of dementia. she has an unregistered epa to be used when she is losing /lost mental capacity. It is to be used jointly but my brother does not want to be an attorney. Iwant to draw up a LPA financial, but my mother can be very confused at times. She does understand the LPA but no one will say whether she has capacity. I have been managing her financial affairs for 15 years because she did not want to do it but she is now in a care home and I cannot continue without some official authorisation can you advise me how to proceed?
Submitted: 1 year ago.
Category: Law
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

Why do you not simply register the EPA and use it alone - or was it not expressed to be joint and several?

Customer: replied 1 year ago.
my mother wrote "to be used when I am losing or have lost capacity" and made it to be used jointly with myself my sister and my brother. Firstly I can get no statement of capacity and the OPG says I must wait until she has lost capacity. Secondly my brother does not want to be involved which would mean that unless I can persuade him otherwise the EPA fails.
Expert:  Clare replied 1 year ago.

For absolute clarity - not "Jointly and severally"