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Ross Miller
Ross Miller,
Category: Family Law
Satisfied Customers: 813
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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Dear Mr Mather Assistant: What steps has the Mr. taken? Has

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Dear Mr Mather
Assistant: What steps has the Mr. taken? Has he filed any papers in family court?
Customer: Dear Mr Mather
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does he live in?
Customer: Good evening, My name is***** mother has LPA (care and finances) for my father. My father has lost capacity. A psychiatrist feels the my mother’s LPA should be revoked due to her Dementia diagnosis, and as she has not acted in my father’s Best Interest with respect to both LPAs. The doctor submitted evidence to the Office of the Public Guardian, and asked for mum’s LPA to be revoked. My sister and I also submitted evidence to the OPG. OPG is investgating the case now. Mum has a solicitor. Dad does not have a lawyer presenting his case. We feel it is likely that mum’s lawyer has requested copies of all submissions made to the OPG, including ours, and so can dirwctly address points made. We, on the other hand, do not have copies of submissions made to the OPG, and so cannot address points made. We feel this is then likely to be an unlevel playing field, loaded against dad’s case. As we, as daughters, are acting for dad, who has lost capacity, and does not have a lawyer, do we have a right to access copies of all submissions to the OPG on this case? If so, how would we do this? If related to the Freedom of Information Act 2000, which are the rekevant Clauses? Also, how long would the process take?
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I was just about to write: Many thanks, Camilla
Customer: replied 4 months ago.
I was unable to view my whole first question, so submitted it again. Aplologies if you have received it twice.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 4 months ago.
Hello Nicola, Thank you for looking for a lawyer for my query. Yes, I am happy to wait. If it helps some key words are: Freedom of Information Act and Office of the Public Guardian. I’m sure you already know all that! Many thanks, Camilla

Hello, firstly I am sorry to hear about this situation as it cannot be easy for you. In relation to your question, in the first instance I would simply write to the OPG and ask them to send you copies. If they refuse to do this then you can ask them to provide you their application for an information request which is governed by the General Data Protection Regulations where you have the right to see all data about yourself. However, to also put a broader response to your question there is an alternative option for you which would also solve your first problem also, please allow me to explain.... You have the option to ask the court the appoint a guardian for either or both of your parents if they both lack capacity and this may help you ensure that hate right decisions are being made. The court will considers what would be I the best interest of the situation. You would, of course, have to provide evidence and reason as to why you wish to have power (or who ever you wish to appoint). If the OPG find in your mother's favour through their investigations you can still ask the court to make a decision. I won't pretend that this would be an easy process as you will require to submit evidence and your mother may (or may not) oppose the request then the court would look at evidence supplied by all parties. If you wished to have the OPG's records then you can ask the court to have them released for consideration of evidence. When evidence is supplied in court proceedings they will be disclosed to all interested parties which would include yourself. Hopefully you can have this dealt with simply by making a request to the OPG however I thought it would be advisable to give you advice on the court options as well. If you require a solicitor in the future you can find a list of them on the Law Society webpage which is as follows; I hope that this has helped.

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Thank you, ***** *****


Ross Miller,
Category: Family Law
Satisfied Customers: 813
Experience: Director (Litigation and Mediation) at Hilltop Solutions
Ross Miller and other Family Law Specialists are ready to help you
Customer: replied 4 months ago.
Thank you Ross very much for your guidance. I hope you enjoy your Summer. Kind regards, Camilla

Thank you and I hope you manage to get your matter resolved.

Kind regards