Legal Question in Wills and Trusts in United Kingdom
Next of Kin
I am the eldest of 4 family members who each have equal rights to an aunts estate. She suffers from dementia. I would like to know if there are any disagreements as to the best type of nursing care she receives, as the eldest would I get the final say or would her lawyer. Her estate is in the lawyers hands as she didn't give anyone power of attorney.
1 Answer from Attorneys
Re: Next of Kin
Hello. It is unfortunate that your aunt did not execute a power of attorney or enduring power before sinking into dementia. Unfortunately in the absence of this, neither you, your family, or the lawyer will have power to administer her estate. The position during her lifetime is very different from that from her death, when powers over her estate will transfer to the executors appointed under her will.
If your aunt is now unable to deal with her affairs and permanently mentally incapable to appoint someone else to do so it may well be necessary to make an application to the Court of Protection.
I will be pleased to give more specific advice if you could get in touch.
Andrew Dutton
Legal-Zone
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