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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 12079
Experience:  I have been practising for 30 years.
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Advice please on how to put into place power of attorney

Customer Question

Advice please on how to put into place power of attorney with an elderly aunt. The person in question has asked me to do this.
Submitted: 9 months ago.
Category: Law
Expert:  F E Smith replied 9 months ago.

Hello for clarification - are you the niece/nephew? any other family members?

Customer: replied 9 months ago.
Nephew but was brought up by the aunt as my mother died giving birth.
Expert:  F E Smith replied 9 months ago.

I assume that your aunt has full mental capacity. If that’s the case, then you are not the one who applies, she is. It would be different if she lacked the mental capacity because it would then be you who is applying for a different power, the power to become a “Deputy”.

She makes the application although you can of course assist her completing the paperwork. At this stage, I can probably do no better than direct you at the Government website on exactly this subject which has notes and the forms et cetera

and then, after you have read that, I can answer any queries that you have.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.