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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask leylashahin Your Own Question
leylashahin
leylashahin,
Category: Law
Satisfied Customers: 199
11825576
Type Your Law Question Here...
leylashahin is online now

My grandad changed his power of attorney who is a non family

This answer was rated:

My grandad changed his power of attorney who is a non family member that has only come into his life when my grandma past. He changed it from my dad to this long lost cousin. Is there anything we can do as I don’t trust her one bit?
Assistant: Since estate law varies from place to place, can you tell me where this is?
Customer: northwest
Assistant: What documents or supporting evidence do you have?
Customer: In what way?
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Jus that is there anything I can do
Customer: replied 6 days ago.
She has already lied about when the sale of the house is, saying it sells in 1 day and it needed to be emptied, I’ve found out it is 6-8week away from going over
Hello, my name is Leyla and I will try to help you with your concerns. I would appreciate it if you leave me 5 stars for my time, so I can get credited directly rather than the website.

An LPA can be disputed. In such circumstances, the first course of action is to write to the cousin stating your concerns. If this elicits no response, you may try and settle the dispute through alternative dispute resolution methods such as negotiation and/or mediation.

If this course of action does not work or there are urgent concerns for your granddads wellbeing, you can apply to the Court of Protection to have the LPA revoked.

The Court of Protection may only revoke an LPA on the donor's behalf if:

The donor was subjected to fraud or undue pressure.
The attorney has behaved, is behaving, or is proposing to behave in a way that contravenes their authority or is not in the donor's best interests.
Strong evidence will need to be produced to support either of these grounds.

In Re J (unreported), 6 December 2010, (Court of Protection) it was held that the Court’s power to revoke an LPA on the grounds of an attorney’s behaviour was not limited to their behaviour in the context of their duties under the LPA. The Court of Protection could revoke the LPA if the attorney’s behaviour in a different capacity jeopardised the donor’s best interests.

Common reasons that an LPA is disputed include:

The attorney is making unauthorised or unnecessary purchases on behalf of the donor
The attorney wishes to sell the donor’s property
A decision needs to be made regarding the donor entering a care home
It is suspected that the donor was pressured or did not have the mental capacity to make an LPA
The attorney is making decisions that indirectly benefit him or her
The attorney is not acting in the donors best interests
The Court of Protection has a general rule that the donor’s estate pays for any costs related to an attorney dispute. However, if the Court suspects an application has been made in bad faith or you are not acting reasonably, you could be made personally liable for any costs.
If you believe you have reasons to dispute an attorney’s behaviour, actions or inactions, contact a Solicitor. This area of law is complex. Additionally, disputing an LPA can lead to emotional distress and family discord. If may be best to instruct An LPA lawyer who is experienced in this area.


Justanswer works on a rating system and so that I can close this question can you please rate. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page.This is how Justanswer works. I can still answer follow up questions if needed to clarify anything for you. But this lets me close the case and not need to email you again. If you need more assistance, please use the reply box below and let me know. It has been my pleasure to assist you! Many thanks
leylashahin and 4 other Law Specialists are ready to help you