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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 1825
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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My Father has recently created a Lasting POA which has been

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My Father has recently created a Lasting POA which has been registered with the Court. He hasn't been too well recently and his solicitor visited him last week. After the meeting she decided that he seemed a little muddled and consequently decided to activate the POA. His question to you is surely a doctor would need to make this decision of his mental state. Sadly he fell over and was on a stone floor for 14 hours overnight whilst his wife was away. He was found the next day and taken to hospital. He stayed in hospital for 3 weeks and was transferred in to care after his stay in hospital. He is building his strength up each day, he is a very bright man, had a successful career in engineering and has just published his 3rd genealogy book at the age of 93. He is worried that now the POA has been activated his voice and independency has been taken away from him. Can you answer the question that can a solicitor take that decision without a doctor or medic presence.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: UK
JA: What steps have you taken so far?
Customer: He wants to know the next steps. Can he ask the solicitor as to how she can make that assumption.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Not at this stage thank you.

Hello my name is ***** ***** I can help.

Customer: replied 6 months ago.
Thank you, ***** *****’t see your reply?

The short answer is yes, the solicitor can do this. However, if you do not feel this is the right decision then you can challenge it. I take your point about his voice being taken away. However, this is not necessarily true. The solicitor will still consult with him regarding his wishes. However, if you wish to challenge this decision, then you can make an application to the court. However, I will advise that the solicitor has legal and professional duty to always act in your father's favour. So instead of pursuing this you may want to hold of and see if you agree with how the solicitor is acting. I do understand and appreciate your hesitance in this matter but I don't believe that the solicitor will act inappropriately however, if I am wrong then you can take action in the courts.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

Kind regards


Customer: replied 6 months ago.
Not at this stage please. Perhaps you can answer that one question I have asked if possible.

You can ignore the phone call request as it is automatically generated by the website, I have provided my answer above. I hope it helps.

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