Ask a Law Question, Get an Answer ASAP!
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?
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.
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.Simply come back to this question and it will come straight to me.