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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 2665
Experience:  Owner at James Bruce Solicitors
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Customer Question

JA: Have they talked to a lawyer about this? What country do they live in? If different, what country does this legal question relate to?
Customer: Not yet.UK. UK
JA: What steps have been taken so far?
Customer: None
JA: Anything else you want the Lawyer to know before I connect you?
Customer: There is a LPA already. But we are not happy they they act in the best interest of the Donor
Submitted: 15 days ago.
Category: Law
Expert:  james bruce replied 15 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Expert:  james bruce replied 14 days ago.

If the person who made the LPA still has capacity then they can If they wish remove one or more of their nominated Attorneys, they can prepare a partial deed of revocation and send it to the Office of the Public Guardian, together with the original Lasting Power of Attorney document. Provided the donor retains mental capacity, they are free to remove attorneys as they wish and the Courts do not become involved.

However, if they have lost capacity then Problems can arise in cases where a person has already lost mental capacity and one or more of their nominated attorneys is not managing their affairs properly.

It could be that the attorneys are abusing their power by making decisions in their own interests rather than the donor’s. Alternatively it could be that the attorneys are simply incompetent. If you feel this is the case, then measures have to be taken to protect the donor.

If you believe this is the case here, you can contact the Office of the Public Guardian and ask them to investigate your concerns.

Once and if there is sufficient evidence that the Attorneys are not acting properly, an application to the Court of Protection can be made. Should the application be successful successful, the Lasting Power of Attorney will be cancelled and deputies will be appointed instead to manage the vulnerable person’s affairs. It is essential that legal advice is obtained before Court proceedings are started.

Expert:  james bruce replied 14 days ago.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance.

Customer: replied 13 days ago.
Thank you for your reply.Can you kindly advise me further ?My brother and my sister have a LPA over my mother’s property and finance. I am the youngest and the family house is to be passed onto me after my mother. My brother and my sister were given their share of the house in cash, 18 years ago. I consented to appointing my 2 siblings as her attorneys, as I believed that they would look after my mother’s health as well as her property and would fulfill her wishes as her attorneys.
But when her dementia progressed they moved her to a care home with the help of the council ( although her wish was to stay in her home ) and then the council put a charge on her house for care bills.
Although there is an agreement between the council and my siblings to upkeep the house, they have let the house to neglect and now planning to sell it saying that the house is deteriorating fast and that they cannot look after the house.
Can they sell and keep the money to themselves. ? If so what happens to the future bills that has to be paid to the council ?Who is responsible / have authority to take decisions about my mother’s care ? Is it the local council ? There is no LPA for health.Can I apply to the public guardian to be the appointee of my mother’s health ? They are abusing their power by making decisions in their own interests. Can this be brought to the notice of the public guardian and the LPA changed / overturned ?
What are the chances that I would be made an appointee with this back ground ?
If I am appointed can I take her back home ? My mother is in a care home where they specialize for dementia care.
Expert:  james bruce replied 13 days ago.

I am sorry to say but, this site is for general advice only on the law, not for detailed 121 personal case matters, you would need to instruct a solicitor privately for that.

But, generally, if there is no LPA for health matter then a family member can apply to be appointed to as you have asked.

If there is an LPA for finance, then if a property is sold, any funds have to be kept secure and all records kept for inspection. Those holding LPA cannot use the money for themselves, it is not theirs to use and could be classed as theft if they did.

Also it is possible to apply to the court of protection to remove a LPA, but it is not easy and would require evidence.