Lasting Power of Attorney and POwer of Attorney

nad1611

Had a quick look, but wanted to see if anyone has any experinece in this. My mother was diagnosed with Vascular Dementia about 6 years ago and more recently my father has been undergoing investigations for his worsening memory.

While my Dad was having a memory test the nurse asked if we had thought about Lasting Power of Attorney and explained in brief what that is. Dad seemed quite keen to do it and I said I'd find out about it. Whilst I think my father would be found capable of making such a decision, I'm not entirely sure about my Mum.

As a couple am I right in presuming that the Power of Attorney for their Financial situation would need to be for them both? If my father has a diagnosis of Alzheimers for example, would his testament that he wants Power of Attorney be accepted. Don't now how any of this works so I'd appreciate any advice.

RAS

if the nurse is suggesting an LPA do it now. Check the Public Guardian's Office.

Does your mothe have her own accounts and assets, or joint ones with dad?

nad1611

Mostly joint accounts although I have found out since that an application is not made jointly. Each person needs to make their own application with their own attorneys.

Ziggazee

You will not be able to have Power of Attorney in respect of your mother unfortunately since she will need to have full mental capacity in order to do so. You may experience some problems in respect of father also if he does not have full mental capacity.
The alternative route would be for you to be appointed Receiver under the Court of Protection, which is a lengthy and costly process. You can access full information via this : http://www.publicguardian.gov.uk/
Hope that helps

shell_girl

In terms of capacity, guidelines within the MCA indicate that capacity is presumed, ie you don't need to prove that you have capacity to be deemed to have it, but it must be proven that you don't have capacity not to have it. Sorry that's a terrible sentence...

Have a look at the CoP website for downloads of all the necessary forms etc, and guidance to each form. If you have any questions you can email the court and they're pretty quick to respond, don't bother trying to phone their helpline you'll be on hold forever.

For your father, I'd suggest that he registers a LPA. If your mother does not have capacity then perhaps a deputyship may be in order, but this does have fees involved in addition to the iniial application fee.

RAS

Ziggazee wrote: »

You will not be able to have Power of Attorney in respect of your mother unfortunately since she will need to have full mental capacity in order to do so. You may experience some problems in respect of father also if he does not have full mental capacity.
The alternative route would be for you to be appointed Receiver under the Court of Protection, which is a lengthy and costly process. You can access full information via this : http://www.publicguardian.gov.uk/
Hope that helps

Sorry but you are not a qualified medically trained person or solicitor dealing face to face with the OP's mother. You are in no position to tell whether she is presumed capable or not.

OP - you need to take advice from mum's doctor as to whether they think she is capable of giving consent. If she is, act fast.

nad1611 wrote: »

Mostly joint accounts

In which case dad legally owns those accounts jointly and severally with mum and he can mamage them without an LPA. I assume that his attorneyt could also acces 100% of the accounts.

it would be a very good idea once the form is sigend to go to the bank with dad and the paperwork and get him to tell them that he wants you to manage things

britannia6

RAS is right, you should speak to your mum's GP regarding her mental capacity and whether or not she can make an LPA as it isn't out of the question. Unfortunately, if she does not have capacity, you would have to apply to the Court of Protection for a Deputyship Order if you need to deal with her affairs. As has been previously mentioned, you may not need to do this if you can gain access to the joint accounts via an LPA for your father.

Either way, I suggest that you act quickly, as an LPA is definitely preferably to a Deputyship Order (in time, cost and the way it is operated) and it is unlikely that the capacity of either of your parents will improve. The LPAs need to be registered with the Office of the Public Guardian before they can be used and it is currently taking approximately 12 weeks for them to do this.

stevepett

>>In which case dad legally owns those accounts jointly and severally with mum and he can mamage them without an LPA. I assume that his attorney could also acces 100% of the accounts.

I am afraid the above is quite wrong. Banks etc will freeze a joint account where one owner MAY have lost mental capacity, until such time as:
a) you prove to the bank that it is your money, and not that of the incapacitated person or
b) You produce a REGISTERED Enduring or Lasting Power of Attorney Property & Financial Affairs or
c) You produce a Court Order appointing you as Deputy.
d) You can drag the allegedly incompetent person into the bank (maybe by ambulance) by appointment to speak for themselves! Tough job if they are abroad and were taken ill on holiday and need money to get back!

One of our clients had to go without housekeeping for 3 months because a bank took it into their silly heads that anyone in a Nurisng Home couln't possibly have mental capacity. A simple accident or trip can induce mental incapacity in an instant.

With regard to mental capacity, many doctors and solicitors actually don't understand the test of mental capacity required under the Mental Capacity Act 2005. It is a specialist area and unless you write LPAs regularly, you can easily miss the subtler points which make it possible for many people to get an LPA - with a little patience that a doctor or a solicitor may not be able to because their time is expensive.

Stephen Pett

Savvy_Sue

It's also worth stating that it's possible to sometimes have capacity, and sometimes not, so if Mum is sometimes 'with it' then you may be able to get the forms signed at one of them, with a suitable witness. Doesn't matter if later the same day she's not 'with it'.

nad1611

Wow.Not a pleasant subject so thankyou for all of the advice. Since posing the question, I think Savvy Sue has something as I have read that, the person could be deemed competent, if they have understood about the LPA at the time and it doesn't matter if they forget later on.

As you most of you say time is of the essence here as it won't improve. It may be enough that we get Dad's LPA through as he deals with things in the main anyway.Thanks again.

Mojisola

stevepett wrote: »

I am afraid the above is quite wrong. Banks etc will freeze a joint account where one owner MAY have lost mental capacity, until such time as:
a) you prove to the bank that it is your money, and not that of the incapacitated person or
b) You produce a REGISTERED Enduring or Lasting Power of Attorney Property & Financial Affairs or
c) You produce a Court Order appointing you as Deputy.
d) You can drag the allegedly incompetent person into the bank (maybe by ambulance) by appointment to speak for themselves! Tough job if they are abroad and were taken ill on holiday and need money to get back!

One of our clients had to go without housekeeping for 3 months because a bank took it into their silly heads that anyone in a Nurisng Home couln't possibly have mental capacity. A simple accident or trip can induce mental incapacity in an instant.

I remember hearing a radio programme about this some time ago. A young husband was involved in a car accident and ended up in hospital in a coma. His wife went to the bank to explain what had happened and to ask for some understanding from them as there would be reduced earnings going into the bank for the forseeable future. The bank's reaction was to instantly freeze all their joint accounts. They insisted that they had a duty to protect his interests.

She was left with a seriously ill husband, two young children at home and no access to any money for months.

We filled in POA forms after hearing that.