Obligations

msb1234

Keep_pedalling said:

greyteam1959 said:

Matey123 said:

My mother has dementia - glaucoma and arthritis so yes she has lost capacity.  The problem I have is I know exactly how things work, but both my sisters are like you say "burying their head in the sand".  My main concern is if they continue to ignore me that it could result in me having to support and pay for the debt as I am unemployed and live by myself and cannot possibly contribute.

It's not up to you to decide if your mother has lost mental capacity or not.
It is up to a health professional.

My mother ended up in a care home with dementia and believe me I did not need a health professional to confirm that she had lost capacity to handle her financial affairs. 

You do if you're invoking a POA, banks wont just accept your word for it. I know through experience!

BooJewels

Only where the Finance LPA stipulates that it only comes into use when the donor loses capacity - something the donor can choose to include when they set it up. 

If there isn't such a restriction, the LPA can be used at any time the donor needs assistance.  I've registered my elderly aunts LPA with her bank, even though she retains capacity and manages her own affairs - but had a debilitating accident last year, so my sister and I managed things for her - temporarily.  And no doubt will do again in future, as and when required. 

Keep_pedalling

msb1234 said:

Keep_pedalling said:

greyteam1959 said:

Matey123 said:

My mother has dementia - glaucoma and arthritis so yes she has lost capacity.  The problem I have is I know exactly how things work, but both my sisters are like you say "burying their head in the sand".  My main concern is if they continue to ignore me that it could result in me having to support and pay for the debt as I am unemployed and live by myself and cannot possibly contribute.

It's not up to you to decide if your mother has lost mental capacity or not.
It is up to a health professional.

My mother ended up in a care home with dementia and believe me I did not need a health professional to confirm that she had lost capacity to handle her financial affairs. 

You do if you're invoking a POA, banks wont just accept your word for it. I know through experience!

BooJewels said:

Only where the Finance LPA stipulates that it only comes into use when the donor loses capacity - something the donor can choose to include when they set it up. 

If there isn't such a restriction, the LPA can be used at any time the donor needs assistance.  I've registered my elderly aunts LPA with her bank, even though she retains capacity and manages her own affairs - but had a debilitating accident last year, so my sister and I managed things for her - temporarily.  And no doubt will do again in future, as and when required. 

For the first couple of years after registering with the bank both my mother and I had access to her bank accounts, and I had my own card. Once she moved into her care home I went into the bank to inform them of her move and total loss of capacity, and had no problem with them accepting the situation and cancelling her card.

Her LPA had no restrictions in it.

BooJewels

Keep_pedalling said:

msb1234 said:

Keep_pedalling said:

greyteam1959 said:

Matey123 said:

My mother has dementia - glaucoma and arthritis so yes she has lost capacity.  The problem I have is I know exactly how things work, but both my sisters are like you say "burying their head in the sand".  My main concern is if they continue to ignore me that it could result in me having to support and pay for the debt as I am unemployed and live by myself and cannot possibly contribute.

It's not up to you to decide if your mother has lost mental capacity or not.
It is up to a health professional.

My mother ended up in a care home with dementia and believe me I did not need a health professional to confirm that she had lost capacity to handle her financial affairs. 

You do if you're invoking a POA, banks wont just accept your word for it. I know through experience!

BooJewels said:

Only where the Finance LPA stipulates that it only comes into use when the donor loses capacity - something the donor can choose to include when they set it up. 

If there isn't such a restriction, the LPA can be used at any time the donor needs assistance.  I've registered my elderly aunts LPA with her bank, even though she retains capacity and manages her own affairs - but had a debilitating accident last year, so my sister and I managed things for her - temporarily.  And no doubt will do again in future, as and when required. 

For the first couple of years after registering with the bank both my mother and I had access to her bank accounts, and I had my own card. Once she moved into her care home I went into the bank to inform them of her move and total loss of capacity, and had no problem with them accepting the situation and cancelling her card.

Her LPA had no restrictions in it.

Indeed - all of the ones I've used have been without restrictions added.  At present, my sister and I each have a debit card on my Aunt's bank account and she manages day to day quite happily on her own.  But since her recovery, we still use them periodically - for example, my sister can get cash for her en route to visit her, so she can pay for neighbours to do shopping and her gardener or cleaner - we all prefer that to a tiny frail old woman being seen taking cash from a machine - which she's forced to do since they closed all the local branches down.  I've occasionally used her card to do on-line shopping for her, that's then delivered directly to her.  She thinks it's some kind of witchcraft that she can tell me she wants something at teatime and it appears on her doorstep the next day! 

So using the powers allowed under an LPA doesn't have to be all or nothing or that the Attorney has to take over everything and the donor relinquishes control, they can be used casually, as we do, just to assist, as required and practical.

getmore4less

Note: OPG has a statutory duty to investigate potential abuse by attorneys.

Once mom dies that responsibility stops it then lies with the administration to deal with any mismanagement prior to death by an attorney.

If all 3 are named executors the door will probably slam shut to have any chance of sorting it.