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 Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10731
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Type Your Law Question Here...
Aston Lawyer is online now

An enduring power of attorney was signed in 2006, the donor

Customer Question

An enduring power of attorney was signed in 2006, the donor is now not in capacity. I am diluting the EPA as this was never registered in a court. The named attorney has already set up bank accounts naming him as attorney for the donor is this legal or fraudulant
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Unless there is a Restriction in the EPA stating that it should not be used until the Donor has lost mental capacity/the EPA is registered, it was valid on the date it was signed, and the Attorney was within his rights to register the EPA at the Banks etc.
Now that the Donor has lost capacity, the Attorney should of course now register it.
I hope this assists and answers your question.
Kind Regards
Customer: replied 3 years ago.
The EPA application was only submitted after in-capacity was confirmed the donor ( my mother) was emotionally unstable in 2006 as my father had only just had to go into a nursing home and I believe that she was co-hearses int signing the document. There will be no independat review of my mothers finances as the listed are married is this strong enough to dispute
Expert:  Aston Lawyer replied 3 years ago.
Hi Mark,
Thanks for your reply.
The EPA need only to have been registered upon your Mother's mental incapacity.
It is going to be very hard for you to prove your Mother was forced/coerced into signing it as it was such a long time ago. Furthermore, if a Solicitor dealt with the paperwork, they would not have proceeded unless they were happy that your Mother understood what she was signing.
Sorry this isn't the answer you were looking for.
Kind Regards
Expert:  Aston Lawyer replied 3 years ago.
Hi Mark,
Can I be of any more assistance to you?
Kind Regards