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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 5443
Experience:  Owner at James Bruce Solicitors
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CAN U PLZ ADVICE ME ABOUT POWER OF ATTORNEY FOR HER MAM AND

Customer Question

HI CAN U PLZ ADVICE ME ABOUT POWER OF ATTORNEY FOR HER MAM AND SHE'S ALIVE STILL. BUT SHE'S IN A CARE HOME WITH DEMENTIA? CAN I SPEND ANY OF THE MONEY?
JA: Where are you? It matters because laws vary by location.
Customer: STOCKTON ON TEES
JA: What steps have you taken so far?
Customer: None
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I WAS JUST NEEDED TO KNOW AS POWER OF ATTORNEY. IF I COULD TAKE ANY OF THE MONEY OUT? IF SO HOW MUCH? ALSO WAT U CAN SPEND IT ON ?
Submitted: 16 days ago.
Category: Law
Expert:  james bruce replied 16 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.

Customer: replied 16 days ago.
THANK You
Expert:  james bruce replied 16 days ago.

Do you already have a Lasting Power of Attorney signed by your mother?

Customer: replied 16 days ago.
NO SHE DEMENTIA
Customer: replied 16 days ago.
IM already her power of Attorney
Expert:  james bruce replied 16 days ago.

Thank you for that additional information, that will be helpfull in allowing me to advise you today.

Then sorry to say, as there is no existing power of attorney, and the fact she now has dementia, she is no longer in a position to grant you power of attorney.

Expert:  james bruce replied 16 days ago.

Sorry, there appears to be a conflict, you say NO, as she has dementia, then you say yes already her power of attorney?

Is there a legally signed LPA making you the attorney?

Expert:  james bruce replied 16 days ago.

Unfortunately, without the additional information requested in my first/previous response, I will not be able to give you detailed advice to your question, but I will be able to give you a general answer, which I hope will be of assistance. If you are able to supply the additional information later, please do so and I will then come back to you with a more detailed answer.

There are two types of LPA.

Health and welfare & Property and financial affairs.

If you do already have signed LPA documents, then as your mother now has dementia you would need to register the documents with the Office of the Public Guardian before you can legally use the .

If you do not have legally signed LPA documents, then it is to late to obtain them. Instead, you would need to apply to the Court of Protection to be appointed as a “Deputy” for your mother. Once that has been granted you would then act like an attorney.

With all the options above, you can only access money from her accounts for her personal needs. You have no legal right to take anything for yourself or for others to spend, that is stealing form the accounts. As attorney you must keep detailed records of all transactions made and these can be audited to ensure nothing has been taken.

I hope this helps answer your question?

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. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.