1. Expert Q&A: Benefits - Weds 23 October, 3-4pm

    Our next expert Q&A will be on the topic of benefits. It will be hosted by Lauren from our Knowledge Services team. She'll be answering your questions on Wednesday 23 October between 3-4pm.

    You can either post your question >here< or email them to us at talkingpoint@alzheimers.org.uk and we'll be happy to ask them on your behalf.

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

Discussion in 'Legal and financial issues' started by codyaitch, Feb 25, 2015.

  1. codyaitch

    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.
     
  2. In a Whirl

    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.
     
  3. Pickles53

    Pickles53 Registered User

    Feb 25, 2014
    2,482
    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?
     
  4. codyaitch

    codyaitch Registered User

    Feb 25, 2015
    2
    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.
     

Share This Page

  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.