Miss N asked for advice when her mother, Mrs J, began to lose mental capacity. Mrs J had executed an Enduring Power of Attorney (EPA) in favour of Miss N some years ago. We advised that this document could still be used, but if Mrs J had lost mental capacity it would need to be registered. We arranged for a medical report to be provided confirming that Mrs J had lost capacity and assisted Miss N in registering the EPA. We then offered advice to Miss N regarding what duties she had as an attorney and how she could go about having her authority recognised by the banks and building societies in which her mother has investments.
Mr Y suffered a massive stroke and was left severely disabled, to the point where he could not properly look after himself and his finances. Mr Y wished to continue living at the family home and received round-the-clock care (paid for by his daughter). This was expensive and the family realised that the family home would need to be sold in order to fund his care. Unfortunately Mr Y never entered into a Power of Attorney, so his daughter came to us for help regarding how the family could get around this problem. We advised that she or her brother could apply to the Court of Protection in order to seek a Court Order appointing one of them as Deputy for their father. This Court Order would allow the Deputy to access the father's bank accounts in order to pay the daughter back and deal with the father's costs going forward. Once his money ran out, the Court Order would allow the Deputy to sell the family home in order to fund the cost of Mr Y's care.
Mrs P came to us as her mother's attorney. She was concerned that her actions and role were being increasingly questioned by her sister, whom she did not get on with very well. Mrs P's sister had been saying to other family members that Mrs P was using her mother's funds inappropriately. We advised that provided Mrs P acted in the best interests of her mother then she would be fulfilling her duties as an attorney. Mrs P would need to consult her mother as much as possible and keep her informed of what she was doing and why. We advised that she should keep clear financial records and document key decisions made, but that she should also try and seek the sister's input in the process, in order to make her feel more involved and potentially defuse the situation.