Lasting Power of Attorney and POwer of Attorney

Savvy_Sue

Absolutely: you have to do it properly, you have to have someone who knows what they're doing involved, I've never denied that.

DH and I have the 'old style' PofA. If we were to upgrade to the new ones while we're still compos mentis, I think we'd be able to do it ourselves - we'd certainly give it a go. But if his parents could be persuaded to do this, we'd definitely get the professionals in, because I suspect FIL doesn't always have capacity. But sometimes (atm at least), he DOES have capacity!

nad1611

I just wanted to pick up this thread again, because things have developed a new aspect.
My father, despiute having dementia, we believe still has the capacity to think thst making a Lasting Power of Attorney is a good idea and wants to apply. Although he gets confused it's more that he finds it hard to concentrate at times and we often have to word things differently. I believe that he would be deemd by a G.P for example to have mental capacity to choose this course of action. So that should go fairly smoothly.

Now my mum on the other hand doesn't accept and has no insight into her vascular dementia and would probably tell anyone who wanted to know that she was perfectly capable of dealing with her own affairs and there's no way we'd encourage her to apply for LPA as she gets very suspicious of people, especially where money is concerned.
Now I'm just wondering where we stand as regards their Bank Accounts. Dad ahs said that when the LPA is registered he wants me to go to the bank with him and sort out his aco!!!!s as he has too much in the current account and should transfer some into savings. Now they have joint accounts and what if Mum refuses to have the money transfered but Dad wants it transfered.

I suppose that eventually Mum would have to be deemed as not having mental capacity. Hers is a very strange dilemma, because she could, as I've said convince anyone she has all her faculties.Well I wonder if anyone has any experience with this type of situation? I suppose we could leave it for now and support them both and deal with deteriorations at a later date.

Also we are a very large and close family could someone within the family be a Certificate Provider. There are no problems within the family and no one would protest the LPA as we are all too well aware of the need for it.

Savvy_Sue

I am not sure what happens with joint accounts where one party has taken out an LPA and the other hasn't, but if Dad or Mum can do things on a single signature, is there any reason you couldn't take Dad to the bank now to make that transfer?

nad1611

Thanks. Yes that will be fine for this type of transaction. What I really want to know is how it would work generally where you might have LPA for one and not the other.