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Old 08-Jan-2005, 09:46
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webbyc webbyc is offline
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The power of attorney that your mother gave would have to be an Enduring Power of Attorney (EPOA) for it to be valid now that your mother is not of sound mind - to grant a power of attorney to someone you have to be of sound mind to do so, normal POAs lapse when the individual becomes unsound. The EPOA itself would have to be registered with the Court of protection for it to be valid, and part of doing this involves informing family that it is being done and there could be a requirement for a medical opinion as well. It also involves payment of a fee which I think is £220 and completion of a form. The Court of Protection do have their own website containing a lot of information, they also have an enquiry line which is helpful.

As I said earlier if the Power of Attorney is not an Enduring one, then it will now have lapsed and for someone to act for your mother they would have to apply to the Court of Protection for Guardianship which takes a lot longer, often involves medical reports and is more expensive - about £600+.

Your best bet would be to check out the Court of Protection, also get a sight of the document in question - if it was put in place when your mother was in an unfit state then it will be invalid in any case. After that I would then consult a solicitor but make sure that they know about EPOAs because some of them do not.

Hope this helps.
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