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My father is mentally ill and gave me a durable power of attorney to handle his affairs is this legal?


I need to handle real estate issues, my father's mother died inestate (without a wiil) and deed of the family home is in his parents name, can I use this durable power of attorney to handle real estate issues? What steps do i follow?

Yes, get a good lawyer.

Yes, if it`s done through a solicitor.

I would have this done and sorted legally. Get a solicitor involved to declare you Power of attorney>

and if you are in the UK take a look at the Mental capacity Act!

You should file a probate action or an action to determine heirship in his mother's name. You can do this on your own since you are a person interested in the estate. You can use the DPA to convince the court you should be appointed administrator of your father's estate. You will have two probate actions going at the same time.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. Answering this question does not indicate an attorney-client relationship. **

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