COP30 Change of Solicitor - Wrong Papers Sent, Please Help!

fallen121

My husband is in ill health and lives in Scotland, his Father who he hasn't seen for many years has dementia and would not allow power of Attorney. When my FIL lost capacity and went to live in a care home my husband arranged for an English solicitor local to the home to assume responsibility for my FILs affairs under Court of Protection as he was too far away and too ill to apply to do this himself. Solicitor didn't deal with the case directly, but the assistant paralegal and her deputy were efficient and compassionate and went to visit my FIL to assess his wishes during periods of lucidity. A decision was made to execute a Statutory Will as my FIL was deemed by the original firm to have made a will whilst not in full capacity and although we haven't seen it we are given to understand that it was riddled with errors, a little bizarre and does not reflect his current wishes when lucid. It is so bad as apparently the house cannot be sold until this is sorted out.

It also reflects badly on the (completely different firm who originally represented my FIL before he got dementia) solicitor who executed it who is likely also keen for the Statutory Will as it probably makes them look incompetent. We think the original will (which was made after my FIL was already exhibiting symptoms of memory loss according to those who witnessed it) was possibly executed under duress and that the solicitor who executed it possibly didn't try to establish that 1) My FIL was of sound mind 2) That he wasn't under duress. We don't care what the new Statutory Will says as long as it is legal and my FIL is happy with it but we are beginning to wonder now if this will ever get done which creates another problem as without it the house can't be sold and the proceeds are needed for his care.

Mid way through all of this the assistant paralegal left to pursue a new career and the main Solicitor relocated to another firm hundreds of miles away. My husband received a letter informing him of this last week. He was supposed to be provided with a copy of the COP30 advising of the Change of Solicitor but what they sent instead was a copy of the original document executed by the Court of Protection which assigns authority to the two paralegals who no longer work for the firm. My husband emailed the new firm asking for clarification on what was happening with the Statutory Will and advising that he had been sent the wrong document. What he got back was an email riddled with spelling and grammatical errors advising that they were "dealing with the issues" for "MY Father" (should have read "YOUR Father") and he had "already been sent the appropriate forms". He is scared to contact them again because every time he does this it will generate a huge bill for my FIL and the estate is running out of money as the house is yet to be sold and what is left is needed for my FIL's care home fees.

We've been to the Court of Protection website but we can't see how to obtain a copy of the documents my husband should have been sent but presume if you know where to look they should be available to download for a small charge. Can anyone help?

We're not exactly happy that my FILs affairs are now being dealt with by some massive faceless firm hundreds of miles away for whom he is just a billable number but that seems to be the way of the world now, doesn't it?

elsien

I’m a little confused as to why you think there needs to be a statutory will in order for the property to be sold now? 

If the  solicitor already has the power to manage his financial affairs while still alive using the court of protection process that has already taken place then the house can be sold now, regardless of any will as that would only kick in once he passes away.

What documents are you looking for on the OPG website?
Standards for professional deputies here if you’ve not already seen them. Takes a lot to get the OPG to investigate though.
https://www.gov.uk/government/publications/opg-deputy-standards-guidance-for-professional-deputies/guidance-for-professional-deputies