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Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 24615
Experience:  Senior Partner at Berkson Wallace
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My mother is 98 years old and in poor health, both

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Hello, my mother is 98 years old and in poor health, both physically and mentally and yet doctors at the hospital ahe is being treated at maintain she is fit to return home to the Housing Association house which we occupy as a joint tenancy. I believe my mother isn't fit to make her own decisions and understand that I need Power of Attorney to take charge of my mother's affairs. How would I go about initiating this?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No, I'm starting from scratch. I understand that my mother will return home on this occasion, but would need to take action for future occurrences.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I live in Liverpool, Merseyside.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Both my mother and I have lived in the property for over 60 years. This is the second time my mother has had this experience at this hospital. I have mentioned Power of Attorney to her before, but her mental awareness means that sometimes she agrees it's a good idea, at others, she doesn't.

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

You are needing to have POA for her finances and welfare asap?

and are you her only child?

Customer: replied 9 days ago.
ASAP. I have an elder married brother.

Here are all the details on the donor making the application to appoint a Attorney under a Lasting Power
https://www.gov.uk/power-of-attorney

if however the person who would normally be making the appointment does not have the mental capacity to grant the power-of-attorney to someone else, then whoever wishes to look after that person’s affairs will have to make an application to court to become a deputy.  Here are the details on that:

https://www.gov.uk/become-deputy

please note that the latter process is a lot longer than just applying for to appoint a Attorney under a Lasting Power.  It could easily take six months.

Solicitors will charge about GBP500 for making the first Attorney -type application and about GBP1500/2000 to appoint a Deputy, plus the court fee.

There is no legal aid.

This is very much a do it yourself job,if you want to of course, it’s just a case of going through the paperwork slowly and methodically.  There is a lot of it and far more in the deputy application.

Please note that in either case the person who is going to look after the affairs can be appointed to deal with finances only or health and welfare only or both.

Because of the potentially protracted timescale and because there is sometimes some urgency, it is possible to make an emergency application for an interim order:

https://www.gov.uk/emergency-court-of-protection

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.
I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.
It will be my pleasure to help you again either further with this or any future questions you have
Kind regards

Stuart J and other Family Law Specialists are ready to help you