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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10779
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My wife has suffered a major stroke and is now unable to handle

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My wife has suffered a major stroke and is now unable to handle her affairs and finances. How do I get control ? Brian A Smith. (*****@******.***)
Brian and thanks Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
I am sorry to hear of your Wife's condition. Sorry to ask, but would you say she still holds mental capacity?
I look forward to hearing from you.
Kind Regards
Customer: replied 3 years ago.

Yes. But not complete. She can respond to simple questions which require yes or no answers but cannot cope with anything that needs consideration. If I ask do you want this ? she will say yes or no, but if I say which one do you want ? she cannot answer.

Thanks reply.
There are 2 options available, depending on whether your Wife has mental capacity or not-
If she does, she can instruct a local Solicitor to prepare a Lasting Power of Attorney, which would grant you the authority to deal with her financial affairs. This is likely to cost approx. £400. Whether the Solicitor would be prepared to prepare the necessary paperwork would depend on whether he felt your Wife had mental capacity. If he had any uncertainty on this point, he would refer to your Wife's GP to give an opinion. This route would be the best, ***** ***** is possible.
Alternatively, if it was established that your Wife did not hold mental capacity, you would need to apply to the Court of Protection to become her Deputy. This appointment would then allow you to act in her financial affairs. Unfortunately, this process is longwinded and can take up to 3 months. You could apply yourself directly, or instruct a Solicitor to assist, although his charges, which are fixed by the Court, would be £850 plus VAT
Here is the link to the Court's website- (sorry, you may need to copy and paste this link).
I hope this assists you and answers your question.
Kind Regards
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