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power of attorney.

Does anyone no how i go about this, if my daughter hasnt got mental capacity as it says, they have to have mental capacity before you can do it confused?

Comments

  • elsien
    elsien Posts: 37,528 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes, someone has to have capacity to do power of attorney. If it's someone who doesn't have capacity for some reason eg learning disability, you can look into becoming their deputy.
    Some info for you to look at here.
    https://www.gov.uk/become-deputy/overview
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • anmarj
    anmarj Posts: 1,826 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If your daughter has not got the mental capacity to authorise the poa, the the only possible route will be court of protection

    http://hmctsformfinder.justice.gov.uk/courtfinder/forms/cop042-eng.pdf
  • merlin68
    merlin68 Posts: 2,405 Forumite
    Thank you. Shes 17 in July, so got a year to work it all out. With a mental age of 8.
  • elsien
    elsien Posts: 37,528 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Bear in mind that the mental capacity act still applies - it's decision specific so there will be some decisions your daughter may be able to make for herself with support and accessible information and if that's the case the deputy can't over rule that.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
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