power of attorney Urgent help please ?

deb788

I am looking into getting power of attorney over my grans accounts .

She has dementia , can no longer run her accounts and has been conned out of £2000 since the beggining of june by a family member who is taking advantage of her memory state .

I am already in talks with her doctor and bank manager who have advised this step but i really need help and advice on where to begin ??

debbie

Edinburghlass_2

You may have problems as you say she already has dementia. When I got one for my aunt, she was in hospital long term, I had to take the lawyer to the hospital for him to confirm with my aunt, the dr and nurses that she knew what she was agreeing to.

This was a number of years ago though and in Scotland, so it may have changed.

newmee

There were some changes to the law governing this last year, so look at direct.gov.uk for details. Can your Gran give her consent to this? A person is deemed to HAVE Mental Capacity until proven otherwise, it's worth remembering, NOT the other way round!

I have copied and pasted this below as it says it a lot better than I could and if you follow it up, I'm sure it will help you.

The Office of the Public Guardian

The Office of the Public Guardian (OPG) protects people who lack the mental capacity to make decisions for themselves.
It does this through regulating and supervising court-appointed deputies, and by registering Lasting Powers of Attorney (LPA) and Enduring Powers of Attorney (EPA).
In some cases, where there are suspicions that an attorney or deputy might not be acting in the best interests of the person they represent, the OPG will work with other organisations to ensure that any allegations of abuse are fully investigated and acted on.
The OPG also provides information on mental capacity to the public and can provide contacts with other organisations working in the field of mental capacity. More information about the Office of the Public Guardian, the Court of Protection and Lasting Powers of Attorney can be found on the Office of the Public Guardian website.

Hope you get it sorted. It never ceases to amaze me the 'scum' that fleece vulnerable people of their cash and possessions.

Good job grand-daughter :A

newmee

Also, you don't say who is caring for her and how. Is she known to your local Social Services dept? If not refer her ASAP, as a decent Social Worker can also aid and advise about Capacity issues and POA issues.

deb788

she has carers that go in but not full time , it is in the early stages so i think she could give her consent

have been looking into Lasting Power Of Attorney ? would that work if my gran gave consent

that scum bag is my little sister so it is a horrible situation

barnabee

There is an excellent guide from age concern - click here

If your gran is deemed not to have the mental capacity to create a Lasting Power of Attourney (LPA) then the details on page 27 (para 6) will apply.

Good luck; unfortunately all the new rules since Oct 2007 mean this is a long drawn out process and expect a bill of at least £500 if you require the services of a solicitor for even a straight forward LPA.

deb788

thank you very much for that

i will look into the info .

localhero

Hi Deb788,

Early Alzheimer's is not a bar in obtaining a Lasting Power of Attorney, but to prevent anybody questioning its validity later, I would advise that you obtain the professional opinion of her doctor on whether she has sufficient mental capability to make an LPA.

She might care to get her Will sorted out at the same time.

You don't necessarily need to obtain the services of a solicitor for these either. Visit the Institute of Professonal Willwriters website at www.ipw.org.uk for members in your area. Shop around for prices as they do vary. All members are qualified, regulated and insured and most will visit your nan at home.

oldandgrumpy

I got a kit from Staples some years ago for creating Enduring Power of Attorney. This is now out of date, but I hope they do one for the new rules. The information pack that went with it was very good. The kit came from www.lawpack.co.uk and cost around £10.

oldandgrumpy

Me again. Just looked up Lawpack and they do indeed do an e-pack Power of attorney kit for £9.99.

jonesMUFCforever

Be aware that the fees and process is totally different now - it will cost several hundred pounds to register a PoA.