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Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 22808
Experience:  Senior Partner at Berkson Wallace
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Do you deal with court of protection Assistant: What steps

Customer Question

Do you deal with court of protection
Assistant: What steps have been taken? Have any papers been filed in family court?
Customer: A family member has applied for an order for my nephew who lives with me and I have been sent a court date
Assistant: Have you talked to a lawyer about this yet?
Customer: no not yet
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I don’t think so
Submitted: 6 days ago.
Category: Family Law
Expert:  Stuart J replied 6 days ago.

Could we have the full background detail please and what it is that you want to know about this? Thank you.

Customer: replied 6 days ago.
My brother died 2 years ago. He left me as executor of his will and probate was done. His son who has autism lives with me.
We have sold the house and in process of buying a bigger one as per my brothers wishes to all live together
I have suddenly received a letter that my uncle has applied for a hearing at family court as he wants an order to see my nephew (he does not want to see him) and control over his property.
Expert:  Stuart J replied 6 days ago.

Can I see the letter please?

How old is your nephew?

What do you think is on the uncles agenda?

Customer: replied 6 days ago.
My nephew is 21.
My uncle hasn’t spoken to me for years as I’m w police officer and he doesn’t like police.
He asked after my brother died if he and his son were left money and wasn’t happy they weren’t.
So ultimately it’s money but I think trying to say he’s concerned for my nephew so he gets control of it.
Expert:  Stuart J replied 6 days ago.

Thank you. It would seem that the uncle has made an application for power-of-attorney or deputy ship more likely, over his nephew.

If the nephew lives with you, he would have to have a pretty compelling reason to take control from you and look after the nephew himself. Particularly, if you are open and transparent with all the financial dealings in respect of your nephews finances. I don’t whether you have been secretive or whether he has asked for anything, whether you have just given him sight of it. If not, then you really need to consider that. All that being secretive does is raise suspicion.

If your uncle has applied for deputyship or power-of-attorney I assume that you have objected. That is why there’s going to be this hearing.

It is only listed for one hour in the legal profession doesn’t get much done in an hour so although not beyond the realms of possibility, I think it’s unlikely the matter is going to be resolved at that hearing.

If your nephew is 21 and has autism, he may or may not be capable of granting Power of Attorney depending on whether he knows the nature and quality of what the document is.

I have done perfectly valid Powers of Attorney for people who could not speak and could not communicate but speech therapist confirmed that the person knew what they were doing.

I have done one for gentleman who could not write and couldn’t sign his name and just put a mark and another one for gentleman who was so severely disabled physically that when he put the pen on the paper all he could do was scratch a wonky line. All perfectly valid.

It is the mental capacity which is relevant and in that respect, I have done Powers of Attorney for children with autism but in spite of the problem still knew what the effect was. There are degrees in every illness physical and mental.

I’m happy to answer further but it would assist me if I knew what had led up to the letter from the Court of Protection.

Regardless of how disabled he is, he is almost certainly able to express a wish as to whether he sees the individual or not and one of the things about the nature of this disability, in my experience, is that he would make his own mind up, you would not be able to put ideas into it. Indeed, he is probably very set in his ways.

If I have answered your question for you, at the top of the page, you should see a rating facility. Can you please rate my reply 3 stars or more because that really helps me? Please note you are not rating whether it’s favourable, because sometimes you may not get the answer you want, but basically my knowledge and way of dealing.

The thread does not close and I am happy to answer any questions you may have arising from this.

Kind regards