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.
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