Power of Attorney via social services

LHW99

The care home manager says he does not have mental capacity, the social worker says he does and she is taking him to a solicitors to write his will and they are trying to get him to agree to power of attorney

I have only minimal experience of the POA route, but where there is doubt, then I think a medical professional (eg his GP) should be involved to confirm his capacity.

Any solicitor should be aware of this - if you are know the solicitor involved, you could flag up the discrepancy by writing to the company.

Albermarle

LHW99 said:

The care home manager says he does not have mental capacity, the social worker says he does and she is taking him to a solicitors to write his will and they are trying to get him to agree to power of attorney

I have only minimal experience of the POA route, but where there is doubt, then I think a medical professional (eg his GP) should be involved to confirm his capacity.

Any solicitor should be aware of this - if you are know the solicitor involved, you could flag up the discrepancy by writing to the company.

You are right, judging someone's mental capacity is not a black and white issue. Also with some people they can vary a lot from one day to the next.
Also GP's, solicitors can be a bit wary of making judgements .

kayleighali

The capacity tests should be completed by a medical professional. Not sure if it is mandatory, when we arranged my grandmother's the solicitor insisted we get the GP to give a statement to say she had capacity - this was difficult as, although she had full mental capacity, my grandmother was the type of woman who thought it was endearing if she came across as helpless and forgetful...not ideal when you have to prove mental capacity! We got there though as the GP had been her GP for 30+ years so knew what she was like.

In regards to the locks being changed etc, does your father have a will that sets out his wishes? I'm not sure what could be done legally but would it be worth arranging a meeting with the social worker, carer and perhaps the nursing home manager to discuss your concerns?