Thursday, 31 May 2012

Rollercoaster day

I was having a good day – went to the creative writing class at God Neighbours, then gave a talk and q and a session during lunch where I sold 6 copies of my book, then on to crossword class.
Came home to a message from Mum’s GP saying he wanted to talk to me. Long and short – had a half hour conversation with him during which I discovered that my mother, via her solicitor, had spoken about revoking the Enduring Power of Attorney. The solicitor asked the doctor to confirm that she had the mental capacity to do this. The GP replied, in no uncertain terms that she did not have the capacity.
The conversation shook me, as I thought it might. The doctor confirmed that Mum had said to him that she didn’t want me to take over her finances. Sadly what has not been recorded is the fact that she told me, many many times that she did, and that she did NOT want social workers, or her carer to take over.
After that call, I went on lone to find a reply to my complaint to the solicitor. I’d written to complain about the £850+ bill I had to pay when they’d none no real work. I’d also queried why I was denied access  to the EPA.
They fobbed me off, as I knew they would. This is the email I sent back to them, just now.  
Dear Amy or Bridget

Thank you for your reply which goes along the lines I expected. 
I would still query the charge to me for talking with Denis. If such a consultation is to be charged to the estate, the executor should be informed beforehand. Also, Denis tells me that he only came into the office because Cartridge's asked him to, thereby adding to the bill. 
I would also like to query the following point, quoted from your letter.

4.            In relation to your late mother's Enduring Power of Attorney, we were unable to release the document to you without instructions from your mother to do so.

As executor of my mother's will, I have been able to speak to her GP. He confirms that Cartridge's asked him if she had the capacity to revoke the EPA and he replied that she did not. My mother suffered from dementia. She could not therefore issue any such instructions. It is now clear to me that Cartridge's have acted illegally. They have chosen to ignore medical opinion and instead listened to a woman with dementia, a woman incapable of making her own decisions, a woman who would say anything to gain attention, a woman who at exactly that same time in her life was telling me, up to 30 times a day, that she didn't want social workers running her affairs and that she was unhappy at home with Denis. I should have been allowed to register the EPA as when that happens, anyone who wishes to object has the chance to do so. Then it would have been up to the Court of Protection to decide, not a solicitor who only knows part of the story.

I await your reply with interest.
Linda Lewis
I am so shaken up, I feel like a pepper pot. This is no good for me at all, but, and it’s a ginormous but, I hate injustice. I therefore have no choice but to carry on fighting this. If I don’t, there is absolutely no point in anyone giving their children power of attorney if a solicitor can decide to ignore it. 

If you're reading this and think you can help me see justice done, please get in touch. Not being allowed to register that  EPA has not only cost me money, it's cost me more than a year of my life as I haven't been able to write fiction sicne February 2011. 


  1. It is very upsetting for you, but at least you know you were right. Can't help on the legal side but my thoughts are with you. Stay strong.

  2. My cousin is a lawyer who specialises in probate. I can put you in touch with him but can't promise his services would come free. :-(