How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 35054
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Type Your Law Question Here...
Clare is online now

I have an Enduring Power of Attorney for my father dated 22nd

This answer was rated:

I have an Enduring Power of Attorney for my father dated 22nd April 2007. It has been activated since September 2009 with no problems. Unfortunately, my father's mental health has deteriorated over the last 10 months and in August he was diagnosed (in writing) by the Consultant Psychiatrist with (I quote) "Moderate mixed dementia with psychotic features, recent onset of paranoia and suspiciousness with worsening cognition". I understood that I was obliged to register the EPA with The Office of Public Guardian at this stage. I served notices on my father and my brother. My brother who lives in Canada, but was here visiting, took my father to a solicitor and obtained a second opinion. The solicitor has now written to me stating that he has issued a COP8 form to the Court of Protection to oppose the registration. I am rather in shock. The solicitor did not send me a copy of
the second opinion, so I have no idea what it says. Am I entitled to ask for a copy and must he send me it? What will I have to do regarding The Court of Protection?
I wonder if you can help me.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Do you have any idea why this has been done?
Who was the second opinion obtained form and did they access your father's records?
Customer: replied 3 years ago.

I believe that this has been done at my brother's instigation. He has lived in Canada for the past 25 years and had very little contact with my parents (Mum is now deceased). He even married and sent my parents a postcard after the event! My brother's wife died in May and my brother sent my father a letter stating that he didn't know how he was going to cope without his wife and her pension. I believe that my brother's recent interest in father is purely financial and that my father is vulnerable to being persuaded to send all his money to Canada on the pretext that when my father needs to go into care he will have no assets. I am also concerned that, as my father lives in private rented accommodation on a one year tenancy, all his funds should remain intact so that he has the wherewithal to find alternative accommodation should notice of termination be served.

As to the second opinion, I believe that this is from another doctor at the Elderly Mental Health unit that my father has been attending since January. As I have not been sent a copy of the report I have no further information. Am I entitled to see the report and when could I expect it? Have I a right to request and expect it from the solicitor or will I have to wait until I go to Court? As the doctor is part of the same unit he/she will have had access to my father's records.

Since you already hold Power of Attorney then you can indeed insist on seeing the copy of the report immediately by asking the doctor - and of course you may wish to discuss his assessment with him in order to ascertain the actual position with regard to your father
You can also write to the solicitor and ask for a copy in order that you can discuss it with the Consultant and decide the appropriate way forward
I hope that this is of assistance - please ask if you need further details
Customer: replied 3 years ago.

Thank you for this. I shall write to the Solicitor.

Please could you explain to me why the Solicitor is applying to the Court of Protection, as I have received two letters from the Office of the Public Guardian. The first one was an acknowledgement of my application and confirmation that the EPA would be registered on 28th October 2014. The second one said that it had received a notice of objection and had been informed that the Solicitor for the Objector had applied to the Court of Protection. The Office of the Public Guardian stated in that second letter that (I quote) "they were under no obligation to do so". I read into this that it was unnecessary to go to The Court of Protection and it could have been sorted out by The Office of The Public Guardian. So why have they done this?

I rather assume that they are simply taking an aggressive approach.
I would suggest that you write to them asking for an explanation and the opportunity to discuss the appropriate way forward for your father
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

I am sorry that I have been slow to respond over the past two days, but my daughter has been poorly.

Thank you for all your help. I shall now rate your assistance.

You are most welcome - I hope all goes well