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How would I go about getting power of attorney over my mum?

(2 Posts)
IDrankAllTheGravy Tue 05-Feb-13 14:19:05

I know nothing about legal stuff so please bear with me!
My mum is an alcoholic and lives on her own. She's very toxic and lies about everything but don't know how much that has to do with this.

Basically my grandma is pushing me in to trying to get power of attorney over my mums house, it does seem a good idea to me as then I could make sure she doesn't make any rash decisions over the house and maybe help her out a bit more with the upkeep of the house (there's quite a bit of work that needs doing to it). Would My mum have to invite me to do this, or could I apply with out her permission?
Her drinking is getting worse over the years and all I want is to make sure she at least has a roof over her head.

If anyone has any advice about this it would be greatly appreciated.


mumblechum1 Tue 05-Feb-13 16:15:03

Well, if your mum has mental capacity now, she could grant you a Lasting Power of Attorney, to be used if/when she loses that capacity in the future.

Normally, the fact that someone is an alcoholic wouldn't normally mean that they did not have mental capacity.

If/when she lost capacity and there was no LPA in place, someone would have to apply for guardianship with the Office of the Public Guardian.

I'm a will writer and do LPAs for people all the time, but tbh I'm not sure that an LPA would be in your mother's best interest, and it would have to come from her actively wanting, while she has full capacity, to give the power to you to use if she loses it in the future.

What's to stop you helping her with the maintenance of the house without an LPA - not sure I really understand where you're coming from.

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