Court of Protection Question

bobster2

Keep_pedalling said:

bobster2 said:

lisyloo said:

Sorry but I am unclear on why you think she needed to notify you or talk to the cop.

However, now there certainly are obligations to notify relatives when you register a new post-2007 Lasting Power of Attorney. Technically you could complete the paperwork and keep it in a drawer - and the notification obligation would only kick in when you send it off to be register. But most people send them off right away.

The section of the LPA covering notifying others is optional there is no obligation for the donor to use it. 

Yes sorry! You're right. I got mixed up with the obligation that exists to notify when you register an EPA.

I have been an attorney for each type so I should remember. Sorry!

denyse_marston

The other thing I forgot to say was that they showed (via email) me a copy of his death certificate which stated his cause of death was 'end of life dementia' I don't understand this because he was fairly lucid right until the end, my MIL has dementia and you can barely hold a conversation with her now, she has had a mental health assessment and a GP assessment confirming her loss of capacity. When my Dad became ill we asked for a mental health assessment and we were told one could not be carried out because of the reoccurring UTI's he was having, the side effects of UTI's are confusion which might affect any diagnosis of dementia. As far as I am aware there was never a formal mental health assessment carried out by a qualified practitioner, therefore it begs the question of had he lost capacity when they applied for the EPOA? He was able to hold a conversation, knew who everybody was, was able to ask for things he needed, was able to say when he couldn't make use of things, he could also use a mobile phone and would phone me every day. I'm certainly no expert on dementia, but seeing how my MIL is functioning Dad was 100% better than she is. I've requested a copy of his death certificate and I also intend to request a copy of any mental health assessment that has been carried out which entitled dementia to be the cause of his death, because if he was just confused from continually suffering from UTI's then it's not fair to say he had dementia.

lisyloo

POA is made with his agreement.
it seems as though you are saying he was capable, so that was his choice.

do you have any evidence of wrong doing?
nothing you have said so far indicates any wrong doing.