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Clare, Solicitor
Category: Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My brother is 74, he has returned to the UK from Spain following

Customer Question

My brother is 74, he has returned to the UK from Spain following his wife's sudden death. He has mobility issue following 4 strokes, he is slow, has difficulty in hearing & can be difficult but I don't think he's lost his mental capacity. I held an EPA for my mother but did not need to register it before she died at the age of 92. His property in Spain is now sold & he currently lives with his only son but the arrangement is not satisfactory for my nephew & his family or for my brother's physical condition. My nephew wants his father to rent a ground floor flat near him (from a friend of his) but my brother says it isn't suitable & he doesn't want to move there. My nephew claimed he holds a Lasting Power of Attorney for his father, my brother says he doesn't so I requested a search of the OPG register. The POG advised that, as of 17/02/2015, there was no record of a registered EPA, LPA, or Deputyship for my brother. I challenged my nephew who then said he holds an International POA valid in Spain & the UK. I checked with the OPG who said that such a POA is unlikely owing to the different legal systems. I want ensure my nephew is acting legally for his father & I want my brother to be safe and at least content about his living conditions. It is a difficult family situation & I do not know what course of action to take.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is ***** ***** I will do my best to help you
I am afraid that your fears are correct - your nephew clearly does NOT hold power of Attorney for your brother.
Your way forward is more difficult - your brother could appoint you as his attorney - or you could suggest that he use the Age Uk Advocacy service to assist him in discussing with his son what arrangements he really wishes to make
I hope that this is of assistance - please ask if you need further details