Power of Attorney

Beenie

I have come across legal POA, enduring POA, lasting POA and plain old POA. Can anyone tell me (in simple terms) what the difference is?

My elderly mother is slipping into dementia, lives on her own in social housing and only has a state pension (so no great riches involved) but I would like to be part of any discussions regarding her health care or social care. Which is the POA I need to investigate please? Also, mum is sometimes a bit 'not with it' so can I even obtain a POA at this stage?

elsien

http://www.ageuk.org.uk/money-matters/legal-issues/powers-of-attorney/
Mum will need to agree to LPA for both finances and health and welfare to do what you propose.
Capacity is time and decision specific. A dementia diagnosis does not rule out being able to make a power of attorney but she would be wise to ensure that her diagnosis is known and capacity properly assessed when she makes it.



If she is now past the stage of being able to complete the LPA you can look at deputy ship instead. This is a longer more costly process and will likely only be for finances. The court of protection tend not to award health/welfare ongoing deputy ships. More info on got . UK.

Keep_pedalling

LPAs replaced EPAs some considerable time back so that is what would be ldeal in this instance.

A general POA is used where you might need someone to act in a specific transaction, or for a short period while you were out of the country or in hospital.

The critical one to have in place is finance, as this will allow you do deal with day to day finance, and be able to deal directly with other organisations such as the DWP.

If she still has the capacity to understand why she needs an LPA in place, then it still may be possible but you will need someone like her GP to certify the application.

While you are looking at this don't forget to do one for yourself, along with a will, every adult should have one in place.

elsien

Forget to say that if there is no power if attorney in place and mum loses capacity, family should still be consulted in any best interests decisions to be made, whether medical or around accommodation. You wouldn't be the decision maker but your views about your mum's wishes/preferences must still be taken into account as part of the decision making process.

Keep_pedalling

elsien wrote: »

Forget to say that if there is no power if attorney in place and mum loses capacity, family should still be consulted in any best interests decisions to be made, whether medical or around accommodation. You wouldn't be the decision maker but your views about your mum's wishes/preferences must still be taken into account as part of the decision making process.

I would second that, my mother is now in care and although she does not have a H&W LPA in place I am still consulted by the care staff and her GP as far as any treatment is concerned.

She is in a similar position as the OP's mother with low income and low levels of savings, but having a financial LPA in place has been vital in dealing with banks, the LA, the DWP and day to day payments like the hairdresser.