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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35219
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My mother is 95 years of age she does not own any property

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My mother is 95 years of age she does not own any property and she has no savings. She has recently made out a letter of authority which she has signed as well as two independent Witnesses. The letter gives me (I am her son) complete authority to deal with all matters relating to her finances healthcare and well-being. There is no one who would contest this. Someone told me that the letter of authority is useless and I have to go for Power of Attorney which would cost something in the Region of £140.00 which is a lot of money when you don't have a lot. I would be great full for your advice. My name is***** and my email address is:***@******.***. I look forward to your reply.

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 do you wish to accomplish by doing this?

Customer: replied 6 months ago.
Should mother become incapable of dealing with with her affairs I can deal with them on her behalf. I'm already named on her bank account and I am able to deal with with government departments such as HMRC. Mother lives in rented sheltered accommodation with extra care and there is often problems with her care which she has problems dealing with so I deal with it on her behalf. The care manager has a copy of the Letter of Authority but it was manager who said it was not worth the paper it's written on! Hence contacting your good self. David Heath

Technically he has a point - but have they ever refused to listen to you?

Customer: replied 6 months ago.
Never had a problem as yet. A new care company has recently taken over and they were enlisted by social services whom I deal with on mother's behalf. I have been dealing with mother's care on her behalf for a number of years so does that set a president?

As I said legally it is correct - the document you have created has no legal force.

I was just about to complete the answer when I realised that I had assumed you were an only child but you have not said that!

Is that the position?

Customer: replied 6 months ago.
I have an elder brother however he is mentally handicapped he caught meningitis when he was 18 months old and he was institutionalised when he was 5 years old he is now 76 years of age and lives in a special home in Shropshire. Please advise me as to where I stand. I did a similar thing when my father got dementia and I never had a problem then. He passed away nearly 4 years ago.

I am sorry - it cannot be easy

As I said (before) it is correct that that the document you created has no legal force BUT fact is that there is never likely to be a situation where there is a dispute about whether or not you are the one who can make such decisions.

You are named as the next of kin; you have control of the finances and there is no other close relative who will challenge your decision

Accordingly there does not seem to be any strong reason why you should obtain a Lasting Power of Attorney - Health and Welfare - although if your mother no longer has mental capacity you would need to be appointed as her deputy instead.

Given her limited income you would get an exemption from the court fees - but even so you may decide that this is not necessary

I hope that this is of assistance - please ask if you need further details

Clare and other Family Law Specialists are ready to help you
Customer: replied 6 months ago.
Thank you for your help it is much appreciated and has given me some clarification on this matter. David Heath