Solicitor has power of attorney for my mother – how do I get it?
Nia Wharry, Partner & Head of Wills & Estate Planning –
My mother is 84 years old and is showing early signs of dementia. She has said to me I will inherit her house.
The problem is, she has appointed her lawyer with power of attorney. That lawyer has not contacted me for almost 18 months. What do you suggest I do?
If a lawyer has been appointed as someone’s attorney under a power of attorney, it’s important to understand that they arenot allowedto disclose any confidential information about their client to a third party without the client’s express authorisation to do so. If your mother is in the early stages of dementia, she may be able to remember whether the lawyer is the only attorney in place or if she has two – as this is quite common.
There are also 3 types of Powers of Attorney – General, Enduring and Lasting, each of which have different ramifications on what an attorney can do and when they can act on her behalf.
If you still need to track down a Power of Attorney, I suggest you contact the Office of the Public Guardian.
If you have a query or would like to book an appointment please get in touch with our First Contact team on 01256 320555 or email mail@clarkeandson.co.uk