POA - declaring an attorney is "mentally incapable"

[thesmiths]

Hi there - I'll try to keep this brief!
Both my parents are Mentally incapable as far as we are concerned and I have just sent off the POAs for them both to be registered. The one for Dad is fine - me and my sister are attorneys. Unfortunately the one for Mum has me and Dad as attorneys and the COP have written back to say that as they have received an EPA for Dad he can no longer be an attorney (fair enough).

They say I can him declared "mentally incapable" to take him off the EPA, but does anyone know how you go about this/what you have to do?

Many thanks.

 

[Jo1958]

Hi,
I'd give them a ring on Monday and get advice on the best and easiest way forward, I've found them very helpful and understanding.
Good luck and I hope it works out well, best wishes, Jo

 

[Lynne]

When attorneys are appointed, you have to choose whether you are authorised to act only 'jointly' (both have to agree) or 'severally', which means individual attorneys can act alone.
If your choice was 'severally', is it actually necessary to remove Dad from the document, as you can take sole responsibility?

Just a thought.

 

[piedwarbler]

Would it need a letter from a solicitor or GP? I am just thinking Mum's solicitor said she had to be sure Mum was mentally capable before we set up the LPA.