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Enduring Power of attorney - how effective is registration with the Public Guardian

codyaitch

Registered User
Feb 25, 2015
2
I hold Enduring Power of Attorney for my mother in law which I have registered with the Public Guardian because of her deteriorating dementia condition.
I am led to believe from her ramblings that her brother, who was a required party to the registration, may be trying to persuade her to change her will and that he intends taking her to a solicitor to write a new one.
I cannot believe that a solicitor would do so, given her inability to understand anything financial, but I wondered what sort of protection registration offered.
 

In a Whirl

Registered User
Feb 23, 2015
62
Is the EPA held jointly or jointly & severally ? A solicitor will doubtless require an assessment of mental capacity before a new will can be drawn up I think.
 

Pickles53

Registered User
Feb 25, 2014
2,474
Radcliffe on Trent
The EPA was I assume registered because the donor was losing capacity and if the brother did not object to the registration, he accepted that your MIL no longer had capacity to manage financial affairs. The solicitor needs to know this; surely it would not be possible to say she has capacity to make a new will in these circumstances?
 

codyaitch

Registered User
Feb 25, 2015
2
Is the EPA held jointly or jointly & severally ? A solicitor will doubtless require an assessment of mental capacity before a new will can be drawn up I think.
The EPA is singular - just me.
MiL is clearly incapable of dealing with financial issues covered by the EPA - an issue I would expect a solicitor to recognise - but she is currently in hospital and we have been trying to persuade her to go into a nursing home for her own safety.
She wants to go home but in the hospitals view she has sufficient mental capacity to decide where she lives - none of the family agree, including the brother.
So we have 'professionals' disagreeing with our view as registered although I believe there is a significant difference between being able to decide where she wants to live and understanding the value of money.