Power of attorney - mental capacity

Yorkshireman99

badmemory wrote: »

. Even the police were called when he was seen (partly by schoolchildren) waving a gun out of a window. Loaded by the way. What happened? the police took the loaded gun off him & walked away. No further action.

Quite implausible! No way would the police leave it like that.

badmemory

Yorkshireman99 wrote: »

Quite implausible! No way would the police leave it like that.

It does sound that way doesn't it? But they did. They also returned him home many times because he didn't know where he was (or how to get home) & several times wasn't attired for the weather. The wandering without trousers came later.

One close neighbour was so concerned she used to write a monthly letter to his GP detailing what he had done in the last month. This would include threatening her 2 toddler grandchildren. I lived several houses away & one day found him staring in at my living room window.

The thing is that when his wife was sick they had taken out equity release so there was no money left, so no money for a carehome, no money for the children, who franklly he had not treated well in their childhood (a euphemism for a regular use of fists). So freely translated as no-one gives a s***.

poppystar

badmemory wrote: »

We now have a problem where if a hospital admits that a patient is vulnerable they get stuck in there until they can sort something (bed blocking), which at the moment no-one seems to be financially able to do. So they are in denial.

.

Nowhere near such an extreme situation but that ^^ may go some way to explaining why the hospital seem unable to see a problem that is glaringly obvious and certainly won't discuss - hence the need to get clarification on PoA input.

getmore4less

poppystar wrote: »

Apologies if I'm posting in the wrong bit of the forum, feel free to direct me elsewhere, but I know that power of attorney is sometimes discussed here.


I'm looking for some guidance on what constitutes mental incapacity sufficient for the power of attorney to come into force. Clearly loss of capacity is not always something that happens overnight.

Also, is it necessary to get something in writing from a GP or hospital to effectively give the go ahead to use power of attorney powers so that there is no possible accusation by others of abusing power or jumping in too early.

I have looked at the Gov site but can't find definitive information on this.


Many thanks

As an attorney under LPA you should be familiar with the Mental Capacity Act 2005.

this should help

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/497253/Mental-capacity-act-code-of-practice.pdf

There are other official documents to assist but that should get you started.

Malthusian

Yorkshireman99 wrote: »

Quite implausible! No way would the police leave it like that.

Apparently they were no more inclined to effectively become carers for an elderly man with dementia than the local hospital was.

badmemory

Malthusian wrote: »

Apparently they were no more inclined to effectively become carers for an elderly man with dementia than the local hospital was.

No but they had the ability to section him.

Yorkshireman99

badmemory wrote: »

No but they had the ability to section him.

Whatever the situation it is very implausible that the police would not take the gun and make an arrest.