power of Attorney

Katykat

I'm sure this will be the wrong thread, but if anyone wants to move it,OK. My Step mum has Alzeimers. I am her only relative, and in law, I'm not even a relative, but I am also her carer. She is probably now at the stage where she cant manage her finances. She goes to the bank & post office at odd times, like 5am on a sunday. She is still at home, and I am in negotiation with Social Services to implement a care plan. Does anyone know if I am entitiled to apply for Power of Attorney? At present, I am paying her bills because although she is confused most of the time, she is still fighting it, and absolutely refuses to let me take her to the bank. its just the cruel nature of this disease, but I cant afford to keep paying out. Any advice anyone??

Norman-B

I had to do this for my step-dad. I got help from the CAB. Do it now! Sorry it's short but I'm off to work.

sparklymessygirl

Hey KatyKat,

I think a good starting point would be too look at this easy read summary of the Mental Capacity Act and then you can see online leaflets for those people caring for relatives and friends with mental health problems

http://www.dca.gov.uk/menincap/mca-act-easyread.pdf

http://www.justice.gov.uk/guidance/mca-info-booklets.htm

Sparkly x

lisyloo

Hi Katy,

You should be aware that there are proposals to change the current EPA to an LPA (lasting power of attorney). The costs are unclear but it could cost £1000 whereas currently an EPA costs nothing to fill out (you can do it yourself) and about £110 to register.

I would say that you need to start getting this sorted ASAP.

You don't need solicitors or to pay an on-line firm. Get some advice from the CAB.

Biggles

You aren't 'entitled to apply for' PoA, she has to give it to you. And she can only do that if she still has 'mental capacity'.

You can download the forms free from http://www.guardianship.gov.uk/theservice/makingan.htm, they are very simple to complete but you need to get moving for two reasons.

The first is, as lisyloo says, things are due to change significantly in October.

The second is that she can only donate PoA while she has 'mental capacity'. If she loses mental capacity, you (or her family) will have to apply to the Court of Protection, which costs a great deal of money.

If she is still lucid most of the time and agrees to give you power of attorney, you would be well advised to get her to complete the forms while a witness is present (a witness is needed for the signatures anyway but if you had a witness who knew her condition, eg her GP, they would be able to back you up if, later, it was said that she signed them under duress or after she had lost mental capacity).

Katykat

Thanks everyone. Its a very delicate situation isn't it? I'm not comfortable approaching the subject with her, although I know I will have to soon. Its almost as if I'm telling her she isn't mentally capable to manage her own affairs, which of course she isn't, but she still thinks she is. Ohhhhhh. Headaches.