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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16478
Experience:  I have been practising for 30 years.
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My brother in law is 74 years old, lives on his own in

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My brother in law is 74 years old, lives on his own in rented accommodation and had a major stroke on December 23rd. He is in hospital and has considerable brain damage. It would seem unlikely that he would ever be able to look after himself. We do not have access to any of his documents but know that rent will soon be due and have no way of paying it. Could you please advise our best course of action.
JA: Where is your brother-in-law? It matters because laws vary by location.
Customer: Heartlands hospital birmingham
JA: What steps has your brother-in-law taken so far?
Customer: None
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I can't think of anything

Good morning. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

is he mentally capable?

has the landlord been made aware?

who is his next of kin?

Customer: replied 6 months ago.
He is not mentally capable.
The landlord has not yet been advised.
His next of kin are his two sisters
Customer: replied 6 months ago.
At this stage we would rather not incur any additional costs.
Customer: replied 6 months ago.
However we would appreciate any advise you can give us.

The offer of a telephone call comes out automatically. It’s optional. You can just ignore it or request it later.

We can continue on here.

You need to refer this to social services. At this stage, they can be your best friend.

Otherwise you cannot deal with your brother’s affairs unless he is able to agree to let you do so which it appears that he cannot.

Here are all the details on the donor making the application to appoint a Attorney under a Lasting Power

https://www.gov.uk/power-of-attorney

if however the person who would normally be making the appointment does not have the mental capacity to grant the power-of-attorney to someone else, then whoever wishes to look after that person’s affairs will have to make an application to court to become a deputy. Here are the details on that:

https://www.gov.uk/become-deputy

please note that the latter process is a lot longer than just applying for to appoint a Attorney under a Lasting Power. It could easily take six months.

Solicitors will charge about GBP500 for making the first Attorney -type application and about GBP1500 to appoint a deputy.

There is no legal aid.

This is very much a go yourself job, it’s just a case of going through the paperwork slowly and methodically.

Please note that in either case the person who is going to look after the affairs can be appointed to deal with finances only or health and welfare only or both.

Social Services would be able to make an interim application in the short-term or you could make an interim application to the Court of Protection. That would be to allow you to deal with the immediate problem not long-term.

Can I clarify anything else for you?

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

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Thank you.

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

Best wishes.

FES

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