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probate

Hope this is the right place for this...here goes

My nana died 2 months ago leaving my grandad who has the start of altzheimers, my dad and his sister (my aunty) and grandaughter (my cousin). My Aunty and cousin have been living with nana and grandad to help look after them cook/clean etc. Now..... my cousin organised ALL of my nanas funeral without consulting my dad and have totally took over with my grandads life. Grandad does not want to discuss things with my dad who is very annoyed about the whole situation. (too much hassle and argument). What I would like to know is could my aunty apply for power of attourney without my dad being informed (ie behind his back)

Hopefully this will make sense and someone can help....

Thanks in advance

Comments

  • Errata
    Errata Posts: 38,230 Forumite
    10,000 Posts Combo Breaker
    If your grandad has capacity he can appoint whoever he wishes as his attorney(s). If he doesn't have capacity the Court of Protection can appoint a Guardian.
    Information here http://www.publicguardian.gov.uk/
    .................:)....I'm smiling because I have no idea what's going on ...:)
  • localhero
    localhero Posts: 834 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Under the old Enduring Power of Attorney your dad would have to have been notified when it was registered.

    However under the new Lasting Power of Attorney, the donor must nominate at least one person of their choice, who may not be an attorney, upon registering the document.

    So unless your dad is named as one of these people, he doesn't need to know. However upon its registration it would be prudent to inform him.
    [FONT=&quot]Public wealth warning![/FONT][FONT=&quot] It's not compulsory for solicitors or Willwriters to pass an exam in writing Wills - probably the most important thing you’ll ever sign.[/FONT]

    [FONT=&quot]Membership of the Institute of Professional Willwriters is acquired by passing an entrance exam and complying with an OFT endorsed code of practice, and I declare myself a member.[/FONT]
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