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My dad is undergoing a potential diagnosis for dementia, has accrued over 50k in debt in past four y

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  • elsien
    elsien Posts: 36,140 Forumite
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    edited 18 February 2024 at 3:10PM
    Lasting power of attorney, if your dad is willing and able to grant it to you.
    But while  has capacity around his  finances even with the power of attorney, you can only act with his consent. Having a dementia diagnosis does not automatically mean that he lacks capacity around his money, because capacity is time and decisions specific. 

    I am posting this, because you said earlier that your dad was not wanting to share information with you about his decisions, and you may find that is still the case now.

    He can also grant you a  general power-of-attorney and give you a third-party bank mandate (both of which would be effective immediately) and he could consent for you to talk to people on his behalf but this only applies while he has capacity and would cease to be effective when he loses capacity hence the lasting power of attorney in the longer term.

    All of which need your dad‘s cooperation. do you think he would be willing to accept your help now?

    Please don’t start paying his debts for him, though, that isn’t going to help if he continues to run up new ones. 
    You can check for existing CCJs on the public register.
    https://www.trustonline.org.uk/

    You  also talk about “ Our” remaining assets? What does that mean because your dad‘s assets and your assets are different and you have no obligations towards his debts at all.

    where is he living there if he was evicted for non-payment of rent?

    Are the concerns about his driving such that he needs to be reported to the DVLA? I realise what a huge thing that would be for you and for him but it does come down to how safe he is still on the roads? 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • poppy10_2
    poppy10_2 Posts: 6,588 Forumite
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    poppy10_2 said:
    If he's racked up the debts over a four year period and only gets diagnosed with dementia this year then it's unlikely the debts will be attributed to his dementia. Sure dementia can develop over years but it won't have been so bad four years ago that he didn't know what he was doing. Sounds like he has never been good at finances, leaving this to his wife all his life. 
    This is also dangerously close to judgement - “please remember that debt free wannabe is for help, not judgement”. 
    Where is the judgement
    poppy10
  • Floss
    Floss Posts: 9,026 Forumite
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    poppy10_2 said:
    If he's racked up the debts over a four year period and only gets diagnosed with dementia this year then it's unlikely the debts will be attributed to his dementia. Sure dementia can develop over years but it won't have been so bad four years ago that he didn't know what he was doing. Sounds like he has never been good at finances, leaving this to his wife all his life. 
    I think the bit in bold is judgemental.

    Also, unless you are a dementia clinician, I'm not sure you can state that his dementia would not have been impacting his decisions several years ago.
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  • But while  has capacity around his  finances even with the power of attorney, you can only act with his consent.

    I spoke to a lady at the OPG yesterday to check when we can start acting for my dad and she said he had ticked the box to say it can start as soon as it is granted. He has full capacity but is in a nursing home and struggles on the phone which is why we wanted it. I would check when you fill in the form, but obviously if he agreed but objected to a decision you were making there would be the moral argument about doing what he asked.
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