****Daily Chat-It's HUMP Day! All downhill to the Weekend!***

immoral_angeluk

Gemmzie wrote: »

Can you get it when the person in question is convinced they are fine but is possibly in early dementia stages?

Basically what needs to be determined is whether she has 'mental capacity'. IE is she mentally able to decide for herself who should have power of attourney. If she is mentally able to make the decision then the power of attourney has to be granted in the usual way with her applying to the court to have it granted.

Who determines whether a person lacks mental capacity

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Someone who is considering making a decision on behalf of a person who s/he thinks might lack mental capacity is responsible for working out whether or not that person lacks mental capacity. S/he may need help with assessing mental capacity, for example, from a health-care professional, but this depends on the person’s circumstances. For most day-to-day decisions, it will not be necessary to involve a health-care professional.

8

In cases where it is necessary to get help assessing mental capacity from a health-care professional, the person considering making the decision remains responsible for deciding whether or not a person lacks mental capacity to make a particular decision. The health-care professional is there to advise about mental capacity, not make the decision her/himself.
Presumption of mental capacity

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A person must be presumed to have mental capacity unless it is established that s/he lacks mental capacity. This means a person has the right to make a decision unless there is proof that s/he lacks the mental capacity to make that particular decision when it needs to be made. If a person lacks the mental capacity to make one decision (for example, a decision about financial investments), but has the mental capacity to make another (for example, a decision about buying groceries), an attorney, deputy, carer or someone else can only make the decision in relation to which the person lacks capacity. The person has the right to carry on making decisions that s/he has the mental capacity to make. However, an attorney can act under a property and affairs lasting power of attorney or an enduring power of attorney before the person who made it loses her/his mental capacity.

If it's decided she DOESN'T have mental capacity then to gain power off attourney you'd have to apply to the court of protection who would then make the decision on her behalf if they saw fit.

Does that help?

immoral_angeluk

OMG snags!!! revenge is a pill best served in ladies underwear right?

beanielou

God, what is wrong with me~im now greeting at Corrie:eek:

spud30

immoral_angeluk wrote: »

OMG snags!!! revenge is a pill best served in ladies underwear right?

Is it very wrong that I've lightened the pic so I can see his face :rotfl: :rotfl:

sallyx

she is so naughty....but so so so funny

sallyx

spud30 wrote: »

Is it very wrong that I've lightened the pic so I can see his face :rotfl: :rotfl:

Is this so you remember his face..in case you bump into the !!!!!!. Think the peeping bits will be more memorable :rotfl: :rotfl:

Bunnyinthelights

OMFG!
I have not laughed so hard in aaaaaaaageeeees!

Poor DH is traumatised! (he had to come see what I was laughing at!)

sallyx

now he knows what will happen should he put one foot wrong Bunny....he better watch out!

whatatwit

Is there a DFW group on face book?

System

Evening everyione, off down to the bar for a swift pint of magners; its only £1.50 a pint. But up at 0230 for my flight cause I is going home to move house this weekend :eek: . Nighty night all x x x