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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 29198
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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In my opinion mum is not able to make decisions. When we

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In my opinion mum is not able to make decisions. When we asked her if she would like Julie to have power of attorney she didn’t even know what that ment and we had to explain it to her. She refused access myself and another sister were there to clarify this

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

  1. Thank you for the above. Lastly - are you able to briefly tell me what steps your sister has taken to date in respect of seeking to obtain power of attorney? for example, has she simply expressed intention to do so has she actually taken specific active steps in this respect?
  2. does anybody presently hold power of attorney for your mother?
  3. Has anybody contemplated applying for deputyship for her?
Customer: replied 6 days ago.
At present. I don’t know what has been done in response to any action taken. Know one has power of attorney yet. As the eldest child. I’m not seeking power of attorney just legal access to mums money when she dies so I can give her a decent funeral. Then share if anything is left but my sister cannot be trusted to do this.

Thank you. It would be sensible to consider contacting your mothers GP to ask them to carry out an assessment of capacity. They do ot have to use this form but it can be helpful to do so, particularly if there is a later application contemplated to the court of Protection.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/958044/cop3-eng.pdf

There will be a charge for this service of typically £100-200. this assessment will form crucial evidence in the event that your sister decides to go forward with the POA and can be provided to the Office of Public Guardianship as an objection to registration without which it cannot be used.

If your mother lacks capacity then she cannot grant a POA. Instead an application for deputyship would be required.

https://www.gov.uk/object-registration-power-attorney#:~:text=You%20can%20object%20to%20the,and%20why%20you're%20objecting.

Joshua and 3 other Law Specialists are ready to help you
Customer: replied 6 days ago.
Thank you so much for this information. Marie.

I'm glad the above answers all your questions. If there is anything else I can help with please reply back to me otherwise thank you very much for visiting JustAnswer and I hope we will see you again in the future.