My nan have dementia. can she sign a trial document to allow a relatives extremity to accord next to her finances?

My nan is 83 and is in hospital at the moment, she has thoroughly bad dementia some, she doesn't know where she is how outmoded she is who people are or any thing close to that.

My problem is my uncle seems to think he can purloin his solicitor to her and get her to sign forms giving him the right to deal next to all her money and to sign her house over to himself and my mother... she would hnot have any hypothesis what she was signing as she just wouldnt know....

basicaly is he aloud to do this and will any solicitor in there right mind do this?
dodgy one i would seek official advice yourself,but im pretty sure its not allowed
yes but they have to check she is of sound mind beofre she can sign a power of attorney over to anyone
a solicitor will check the authenticity of the staus of your nan before doing anything
Once a party is of unsound mind, they can no longer enter into legally binding agreements or, to be more accurate, if they do enter such agreements, they can be 'cancelled' if it can be shown that the person be not mentally competent at the time they signed the agreement. It can be hard to prove after the event.

Luckily, the vast majority of solicitors prolong high professional standards and will not be party to anything underhand. The solicitor will enjoy to be satisfied that your nan is well plenty to know what she is doing.

I suspect that what your uncle is actually doing is arranging a 'lasting power of attorney' which is important and can be especially helpful if a person become too unwell to look after their own affairs. The same conditions apply about the person person mentally alert enough to understand.

If the personality is too unwell to give informed consent for the power of attorney, there is a special court (the court of protection) that can authorise it on behalf of the sick entity.

The person granted power of attorney has to perform in the best interests of the sick person. If they do things for personal gain, they can go and get in trouble for it.

You might well find that, depending on the circumstances, the solicitor creating the Lasting Power of Attorney contacts adjectives the immediate relatives to seek their consent or to bequeath them the opportunity to raise any objections.

If you perceive your vulnerable relative is being conned, you can bring it to the attention of the court of protection but I really do suspect you may enjoy got hold of a false impression of without fault normal and very supportive legal process. I hope so anyway. It is good that your Nan have people like you who are concerned almost her.
I would suggest an promoter. Contact your local council and enquire about advocacy services and also find out who handle Independent Mental Capacity Advocates in you area. Possibly a social worker will bring within a IMCA in this case. Please do not go and get your hopes up over this as adult services may not get involved if your nan have a next of kin who demonstrates an interest in your nan's powerfully being. It is an imperfect system I'm afraid and sometimes family behave in the best interests of ill relatives and sometimes they do not. Source(s): Many years working for two local authorities. Technicly they could! i believe!! >.<, im sure my fiances mum did the same with her mum, and everything get signed over, however it was easier as she was an with the sole purpose child and it was expected that everything would go to her anyways and her mum would be ratification on soon. However, my mum takes care of my dads finaces after a brain injury, but no document be required, i think all the familial need to chat first, cos i think hes getting within there before anyone else, seem a little.. selfish to me if he hasnt talk to any of the other family members first. And conceivably get advice of the carers looking after him and the citizens at the bank holding the finaces for your nan. Maybe even try phoning a solicitor, ask them fi they do free consultation and ask them :)

Related Questions: