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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 18744
Experience:  I have been practising for 30 years.
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I’m trying to become my dads power of attorney. My mums has

Customer Question

Hi my name is*****’m trying to become my dads power of attorney. My mums has been my dads carer for 3 years since suffering a stroke that left him disabled. My mum is now terminally ill giving her weeks to live at best. So I need to be the power of attorney so acces my dads pension to pay for a funeral and possible move
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: England No I don’t have the money to do so
JA: What steps have you taken so far?
Customer: Just rang the pension company. Wich is we’re I found out I needed to become attorney
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

Good afternoon. I will assist with your question - be aware this is an email not chat service.

are you the only child?

is your father at home or care home?

is there a property?

and were any Wills drawn up?

Customer: replied 1 year ago.
No I’m one of 3 boysAt homeNo propertyNot that I awear of
Expert:  F E Smith replied 1 year ago.

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.

Because the process of applying to become a Deputy can be somewhat protracted, you can make an emergency application to the Court of protection https://www.gov.uk/emergency-court-of-protection for specific issues to be dealt with

If there is an urgent or pressing issue, you can apply to the Court of Protection for a specific matter and that would include the sale of the house for example:

https://www.gov.uk/emergency-court-of-protection

If there is some urgency with this, then you can make an emergency application to the Court of Protection for permission to do something immediately.

In respect of the funeral, there is enough mini in your father’s bank account, the bank will pay the funeral account directly if you present it to them with the death certificate. As your father and mother don’t seem to have passed away yet, there may be time to apply for Power of Attorney although it could easily take six weeks even if you got the application in now.

If you do need to make an emergency application for an interim order, here is what you need to know: https://www.gov.uk/emergency-court-of-protection

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