Power of Attorney

Iambamboozled

Please would someone help me. Via our solicitors, I am dealing with an Attorney who is acting on behalf of her husband. The Power of Attorney was done when the husband had capacity but has now lost capacity. The POA states that he has complete control over his affairs whilst he has capacity - his wife can only do what she is instructed to do. So when he loses capacity how does the Attorney (wife) become a person with control and without the husband pulling the strings? Many thanks.

Misslayed

This is why it is wise to choose your POA very carefully, as you are trusting them to make decisions for you, when you are no longer able to make them for yourself. The decisions must absolutely be in your best interests. It means his wife can make decisions about his medical treatment (although it has been known for hospitals to get decisions overruled if the medical staff believe the decision is not in the patient’s best interests). If it’s a financial POA it means she can access his personal accounts, for example to pay bills. 

Iambamboozled

Misslayed said:

This is why it is wise to choose your POA very carefully, as you are trusting them to make decisions for you, when you are no longer able to make them for yourself. The decisions must absolutely be in your best interests. It means his wife can make decisions about his medical treatment (although it has been known for hospitals to get decisions overruled if the medical staff believe the decision is not in the patient’s best interests). If it’s a financial POA it means she can access his personal accounts, for example to pay bills. 

Thank you but unfortunately it doesn't answer my question.

Barkin

Iambamboozled said:

Please would someone help me. Via our solicitors, I am dealing with an Attorney who is acting on behalf of her husband. The Power of Attorney was done when the husband had capacity but has now lost capacity. The POA states that he has complete control over his affairs whilst he has capacity - his wife can only do what she is instructed to do. So when he loses capacity how does the Attorney (wife) become a person with control and without the husband pulling the strings? Many thanks.

Essentially, the Attorney will need to provide the POA document, along with proof of ID, to the relevant organisation - bank/building society/etc for a financial POA, doctor/care home/whatever for a health & welfare POA

Rose1509

Went through something similar with my uncle a couple years back. He had a POA set up while he still had full capacity, and it had similar wording, basically that his attorney (his daughter) could only act on his instructions while he was still capable. Once he was formally assessed and deemed to have lost capacity (we got a letter from his GP confirming it), the POA allowed her to step in fully and manage everything. There wasn’t any extra paperwork needed beyond that medical confirmation. It was a bit unclear at first, but once we had that, things moved more smoothly.

Iambamboozled

Barkin said:

Iambamboozled said:

Please would someone help me. Via our solicitors, I am dealing with an Attorney who is acting on behalf of her husband. The Power of Attorney was done when the husband had capacity but has now lost capacity. The POA states that he has complete control over his affairs whilst he has capacity - his wife can only do what she is instructed to do. So when he loses capacity how does the Attorney (wife) become a person with control and without the husband pulling the strings? Many thanks.

Essentially, the Attorney will need to provide the POA document, along with proof of ID, to the relevant organisation - bank/building society/etc for a financial POA, doctor/care home/whatever for a health & welfare POA

Thank you but unfortunately this doesn't answer my question. There must be something that distinguishes between POA when the person has capacity and POA after they have lost it.

Iambamboozled

Rose1509 said:

Went through something similar with my uncle a couple years back. He had a POA set up while he still had full capacity, and it had similar wording, basically that his attorney (his daughter) could only act on his instructions while he was still capable. Once he was formally assessed and deemed to have lost capacity (we got a letter from his GP confirming it), the POA allowed her to step in fully and manage everything. There wasn’t any extra paperwork needed beyond that medical confirmation. It was a bit unclear at first, but once we had that, things moved more smoothly.

Thank you very much for this. So basically a medical professional needs to assess him otherwise the wife will have to do as she is told even if it's not in his best interests. This makes sense. Thank you again.

Barkin

Iambamboozled said:

Barkin said:

Iambamboozled said:

Please would someone help me. Via our solicitors, I am dealing with an Attorney who is acting on behalf of her husband. The Power of Attorney was done when the husband had capacity but has now lost capacity. The POA states that he has complete control over his affairs whilst he has capacity - his wife can only do what she is instructed to do. So when he loses capacity how does the Attorney (wife) become a person with control and without the husband pulling the strings? Many thanks.

Essentially, the Attorney will need to provide the POA document, along with proof of ID, to the relevant organisation - bank/building society/etc for a financial POA, doctor/care home/whatever for a health & welfare POA

Thank you but unfortunately this doesn't answer my question. There must be something that distinguishes between POA when the person has capacity and POA after they have lost it.

If you'd simply asked that question in the first instance, instead of the one that you did...

A medical professional will need to provide a mental health assessment.

Iambamboozled

Barkin said:

Iambamboozled said:

Barkin said:

Iambamboozled said:

Please would someone help me. Via our solicitors, I am dealing with an Attorney who is acting on behalf of her husband. The Power of Attorney was done when the husband had capacity but has now lost capacity. The POA states that he has complete control over his affairs whilst he has capacity - his wife can only do what she is instructed to do. So when he loses capacity how does the Attorney (wife) become a person with control and without the husband pulling the strings? Many thanks.

Essentially, the Attorney will need to provide the POA document, along with proof of ID, to the relevant organisation - bank/building society/etc for a financial POA, doctor/care home/whatever for a health & welfare POA

Thank you but unfortunately this doesn't answer my question. There must be something that distinguishes between POA when the person has capacity and POA after they have lost it.

If you'd simply asked that question in the first instance, instead of the one that you did...

A medical professional will need to provide a mental health assessment.

I did. Thank you.

RAS

Just checking what sort of Power of Attorney? Lasting, Enduring or simple? The processes are different. For an LPA, I'd normally to expect the Attorney to have been advised of lack of capacity by medical professionals.  

Iambamboozled

RAS said:

Just checking what sort of Power of Attorney? Lasting, Enduring or simple? The processes are different. For an LPA, I'd normally to expect the Attorney to have been advised of lack of capacity by medical professionals.  

As I say, Power of Attorney. Yes, I think I am beginning to realise that a medical assessment is needed. Thank you very much.