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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 5460
Experience:  Owner at James Bruce Solicitors
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My 90 year old mother has 6 children but 2 of them have

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My 90 year old mother has 6 children but 2 of them have organised for a solicitor to visit my mothers home and she has signed an LPA signing control of her welfare and financial affairs to them without the other 4 being aware. My mothers native language is French but does speak minimal English.We are concerned that our 2 siblings have taken control of her affairs without the knowledge of the other 4.We would like to understand the legal responsibility of the solicitor who visited the property to ensure my mother understood everything that was being said to her and that she understood what she was signing.I would add as a final point that my mother is still fully compos mentis however is ill.Thank you for your help

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.

Sorry to hear what has happened.

If the solicitor visited your mother in the care home, the solicitor would need to be satisfied that your mother wanted to create the LPAs and was fully aware of the meaning of them.

Once the solicitor is satisfied that these are your mothers own request, the solicitor can then draft the documents. There is no legal requirement at that time for you to be informed or involved. Your mother has full mental capacity so the decision is hers and hers alone.

Once the documents are drafted, they cannot be used until they are formally registered with the office of the public guardian. When that application is made, you as children of your mother would be informed of the application to register and can then decide whether to appose or not.

I have attached a link explaining how to challenge when the time comes and the forms required.
https://www.gov.uk/object-registration-power-attorney

Can I assist or clarify anything further?

Customer: replied 15 days ago.
Thank you so much for your speedy response it is very much appreciated. The only other question I would like to ask is the fact that English is not her first language and that the person translating was one of the individuals who is now one of the attorneys could this be perceived as the fact that my mother was not 100% aware of what she was signing as in theory my sister could have said anything in French and my mother would have signed as guided.Final point is that would it be the solicitors job to submit the names of the other siblings for the Office of The Public Guardian to inform the siblings as this was registered 6 months ago and we had no idea until last week.My mother is ill but does live at home so was not in a care home as well if that makes any differenceThank you so much once again

Your names should have been included on forms sent to the OPG so they could notify you of the application.

It is possible what you say about your sister but o cannot comment on that as it is only speculation.

Anything the two relative do must be recorded as accounts etc are checked, they cannot simply help themselves to the estate.

Customer: replied 15 days ago.
I understand your point and that is exactly my issue you cannot know so the solicitor could not be 100% certain either - Thank you so much once again for your guidance. Should I need further help how would I be able to make contact with you to pay for your full advice please?Thanks again

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.
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