What Now For Power Of Attorney?

stuwho

My mothers memory has gradually been getting worse, so we (myself, sister & 2 brothers) were advised to apply for power of attorney. We filled in the forms we got online & took one to her doctor to sign, i.e. to say she knew what she was signing. At the doctors he gave her a test, spell words backwards, remember 3 items etc. However, she failed the test, only getting 12 out of 30, so the doctor wouldn't sign it. She still lives herself & physically she's ok, but someone has to be with her if she's going somewhere. She's not that bad that she forgets where she lives, who people are or anything like that, it seems to be her short term memory. She has been refered to the memory clinic by the doctor. So my question is, what can we do now? She owns her house, has her own bank account etc. If she gets worse, how would we go about gaining access to her account to pay bills etc & if the worst did happen, would we be able to sell her house?

Yorkshireman99

stuwho wrote: »

My mothers memory has gradually been getting worse, so we (myself, sister & 2 brothers) were advised to apply for power of attorney. We filled in the forms we got online & took one to her doctor to sign, i.e. to say she knew what she was signing. At the doctors he gave her a test, spell words backwards, remember 3 items etc. However, she failed the test, only getting 12 out of 30, so the doctor wouldn't sign it. She still lives herself & physically she's ok, but someone has to be with her if she's going somewhere. She's not that bad that she forgets where she lives, who people are or anything like that, it seems to be her short term memory. She has been refered to the memory clinic by the doctor. So my question is, what can we do now? She owns her house, has her own bank account etc. If she gets worse, how would we go about gaining access to her account to pay bills etc & if the worst did happen, would we be able to sell her house?

The only choice is to apply to the Court of Protection.

https://www.gov.uk/become-deputy

It is not cheap.

https://www.gov.uk/become-deputy/fees

stuwho

She does have a will leaving her house to her 4 children, so does that mean that when she passes away, ownership passes over & the children can then sell it? Also meant to say I'm in Scotland in case that makes a difference.

Yorkshireman99

stuwho wrote: »

She does have a will leaving her house to her 4 children, so does that mean that when she passes away, ownership passes over & the children can then sell it? Also meant to say I'm in Scotland in case that makes a difference.

It depends on the exact wording of the will. Assuming she leaves it to the four then they can subsequently sell it. Probate will be required.

Margot123

That would be 'confirmation' as opposed to probate, as you said you are in Scotland (assuming Mum is too).

stuwho

So rather than pay a fortune to apply to the Court of Protection, would it just be easier to add one of her children on to her bank account, so that her account can be accessed to pay bills etc,& if she gets any worse, then as her will leaves her home to her children, it should be able to be sold after she passes away anyway? If it makes any difference, her estate will be worth around £60 - £70,000 as she has an interest only mortgage, & the inital loan which will be paid off when she passes away, was for around £30,000

Yorkshireman99

stuwho wrote: »

So rather than pay a fortune to apply to the Court of Protection, would it just be easier to add one of her children on to her bank account, so that her account can be accessed to pay bills etc,& if she gets any worse, then as her will leaves her home to her children, it should be able to be sold after she passes away anyway? If it makes any difference, her estate will be worth around £60 - £70,000 as she has an interest only mortgage, & the inital loan which will be paid off when she passes away, was for around £30,000

Apologies about confirmation rather than probate. You cannot add someone to a bank account. If the person lacks capacity then she cannot authorise it.

stuwho

Don't know about England, but I got added to my Dads bank account before he died to make things easier before he died. That allowed me to pay his funeral costs & bills after he died.

elsien

Being able to count backwards has no bearing on your mum's ability to complete a power of attorney. Capacity is time and decision specific, so mum needs to be able to understand the power of attorney and remember the information for long enough to weigh up the pros and cons.
Even with memory issues she may still be able to do this. I would suggest a solicitor, explaining mum's difficulties, and let him decide whether she has capacity to authorise it. Is there a time of day when her memory is better?
However what is on it and who she wants as attorneys must be mum's decision, without any pressure. Who does SHE want to act for her? She may not want all (or any) of you.
I'd still go the deputy route if mum doesn't have capacity. You need authority to deal with pensions etc, and if mum needs long term care potentially the authority to rent out or sell her house while she is still alive. Having a second signatory on a bank account isn't enough.

getmore4less

why did your mum choose the doctor to be her certificate provider?

stuwho

getmore4less wrote: »

why did your mum choose the doctor to be her certificate provider?

Just that it was cheaper than going to a solicitor. If we were to go to a solicitor, would they not have to contact her doctor anyway?