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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 5123
Experience:  Owner at James Bruce Solicitors
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I am investigating power of attorney options for my uncle

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I am investigating power of attorney options for my uncle who is having memory problems but still has capacity to make financial decisions at the moment. He is really resistant to the process of LPA because it seems complicated would a general or ordinary poa be of any help?
JA: Where are you? It matters because laws vary by location.
Customer: He is-in London I am in in Oxfordshire
JA: What steps have you taken so far?
Customer: I’ve spoken to him about lpa and printed off the documents for him but that has put him off!
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I haven’t used this service before is there anything I need to know?

The old style enduring power of attorney no long exist. Those already created still stand, but you cannot create new ones.

Know you would need to create an LPA. There are two,types , financial and health.

The person granting the power, the donor, must have full capacity to do so, and must full agree to do so. Lawyers would normally speak with the donor in private to ensure both.

If your uncle won’t sign these, then until he has lost capacity not much you can do.

With no LPA and loss of capacity, you could apply to Court of protection to be appointed his Deputy.

Customer: replied 1 year ago.
Ok thanks that is what I thought but good to have it clarified for when I talk to him.

You are very welcome, I appreciate some people don’t like signing these. They see it as the start of the end.

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