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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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My mother age 92 has cognitive impairment but no diagnosis

Customer Question

my mother age 92 has cognitive impairment but no diagnosis from a professional of dementia. she has an unregistered epa to be used when she is losing /lost mental capacity. It is to be used jointly but my brother does not want to be an attorney. Iwant to draw up a LPA financial, but my mother can be very confused at times. She does understand the LPA but no one will say whether she has capacity. I have been managing her financial affairs for 15 years because she did not want to do it but she is now in a care home and I cannot continue without some official authorisation can you advise me how to proceed?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Why do you not simply register the EPA and use it alone - or was it not expressed to be joint and several?

Customer: replied 1 year ago.
my mother wrote "to be used when I am losing or have lost capacity" and made it to be used jointly with myself my sister and my brother. Firstly I can get no statement of capacity and the OPG says I must wait until she has lost capacity. Secondly my brother does not want to be involved which would mean that unless I can persuade him otherwise the EPA fails.
Expert:  Clare replied 1 year ago.

For absolute clarity - not "Jointly and severally"