Legal Question in Wills and Trusts in United Kingdom
a relative of mine had recently become medically disabled by being the vitim of a stroke, he is 69, and is mentally incapable of decision making, financially or in any other way. His daughter wants to run for his power of attorney but because he is incabable of even signing his own name on the paperwork, we see no other way to go around this than to go through the courts. His girlfriend of around 2 years will most probaby oppose this in the courts due to influences of her family, even though they are not married or in any way or legally bound, can she have any say in this? His daughter is already exeutor of his will. Will this affect it in any way?? What is the best way of getting through this without it gettin too much for my relative or his daughter??
Any help is much appreciated thanks
1 Answer from Attorneys
Unfortunately your relative did not execute an enduring power of attorney when he had the mental capacity to do so and it would now seem too late. There may be no alternative other than to apply to the Court of Protection to intervene in his affairs.
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