Power of attorney

CathA

Hi all hope this is in the right place.

My father in law has recently been diagnosed with early stage dementia. Most of the time he's fine, knows who he is, who everyone is etc which is good. However there will come a time when this is not the case. My brother in law ( his son) was talking about power of attorney which unfortunately hasn't been set up.
The question I am trying to find an answer to is - is it too late now to sort this via a lasting power of attorney, as he is quite " with it" most of the time. I guess the real issue is how bad does he have to be for it not to be possible? As he's been diagnosed, would he have to get some sort of acknowledgement from his gp that he is capable of making that decision?

On a similar vein, if LPA is not an option, would a third party mandate on his bank accounts be a possibility or would the same issues apply?

Thanks everyone.

martinthebandit

From what I remember when I was in a similar situation with my Dad although it was before he was diagnosed, as long as you have someone who has known him for a number of years and is willing to sign that he is of sound mind etc then you shouldn't have a problem.

CathA

martinthebandit wrote: »

From what I remember when I was in a similar situation with my Dad although it was before he was diagnosed, as long as you have someone who has known him for a number of years and is willing to sign that he is of sound mind etc then you shouldn't have a problem.

Thank you. I'm seeing my own doctor on an entirely different matter soon so i might ask her opinion. Or would a solicitor be a better idea?

newatc

I found Office Of Public Guardian helpline quite helpful(0300 456 0300) if you want reassurance on your plans but I agree with Martin that as long as your F-In-Law is of sound mind when he signs the document and there is independent witness (eg friend) to that then that should be fine.

CathA

newatc wrote: »

I found Office Of Public Guardian helpline quite helpful(0300 456 0300) if you want reassurance on your plans but I agree with Martin that as long as your F-In-Law is of sound mind when he signs the document and there is independent witness (eg friend) to that then that should be fine.

Thank you very much. I'll pass that number on.

Spendless

It won't be too late. My grandmother at the same stage refused to make a POA, she has a delusional disorder as well as the dementia, which didn't help matters.

When she eventually got admitted to a care home, a POA was set up then. Someone (an advocate?) had to come out and assess her and said that she was capable of making a decision about a POA and it was then set up.

From what you've said, it sounds like it will be ok.

PasturesNew

I took my mum to a solicitor's. I was made to wait in reception and mum went in alone. She was asked an assortment of questions to judge whether she was OK or not. "Luckily" for us, one was about daughters' birthdays - and she said the right answer... because we'd only JUST posted a card off on our way to the office.

CathA

Thank you for your replies. I'll post back when I find out if it's possible. Thank you.

Savvy_Sue

If there are times of day when FIL is 'with it' and times when he is not, make sure that any appointments are made for his better times. It is perfectly possible for him to have 'capacity' for this kind of decision at some times, and not at others.

troubleinparadise

As long as the donor (FIL) understands what he is signing at that moment, that is acceptable. That he might not understand an hour later is not an issue.

A diagnosis of dementia does not mean it is too late - many people still have capacity despite the diagnosis.

The Alzheimer's Society website, and its excellent Forum, Talking Point, is the best source of information and support:

https://forum.alzheimers.org.uk

Mojisola

PasturesNew wrote: »

"Luckily" for us, one was about daughters' birthdays - and she said the right answer... because we'd only JUST posted a card off on our way to the office.

Savvy_Sue wrote: »

If there are times of day when FIL is 'with it' and times when he is not, make sure that any appointments are made for his better times.

It is perfectly possible for him to have 'capacity' for this kind of decision at some times, and not at others.

Whether a person can remember birthdays (or knows who the Prime Minister is or any other factual question) shouldn't matter when competence is being assessed. If a solicitor refused to go ahead because of the donor's memory problems, that could be challenged.

Memory and the ability to understand about giving someone POA are quite different things and, as Sue and trouble say, capacity can come and go through the day - as long as the person understands at the relevant time, it's valid.