Power of attorney

[Boutinette]

At the moment , my husband is in a nursing home and has been there since mid october
He is chc funded which is just as well as I haven’t got power of attorney
I would like to have poa both for financial affairs and health domain
My husband is confused , it’s certainly delirium but we haven’t got a diagnosis of dementia
So my question is ; can I still obtain power of attorney !

 

[SAP]

Would he understand what this would mean, if he does and can retain this information then possibly yes but if he is already in a care home I’m guessing this would not be the case. You say he has CHC funding but no diagnosis so what other conditions does he have?
If there is a DOLS in place at the home then he no longer has mental capacity and therefore you can’t get either health or finance POA.

 

[nitram]

If you tell him in simple terms what an LPA is and how it allows people he trusts to take care of his finances if he is no longer able to (has and accident and hits his head) and ask him to tell somebody else can he manage to repeat the information?

Tell him you are getting one for yourself.

 

[Kevinl]

CHC is Continuing Health Care, health care and as such doesn't rule out lacking capacity.
Health care is one thing, capacity a totally different thing.
It's a hard one to call but if on the day someone suitably qualified will sign that he has capacity then all good,.
A DoLSO Deprivation of Liberty Safeguarding Order is a short term solution and while you're on health care funding not much of an issue, just a legal framework to keep someone where they express a wish to be somewhere else.
Hope that helps. K

 

[Boutinette]

If you tell him in simple terms what an LPA is and how it allows people he trusts to take care of his finances if he is no longer able to (has and accident and hits his head) and ask him to tell somebody else can he manage to repeat the information?

Tell him you are getting one for yourself.

Yes I think so

 

[nitram]

Yes I think so

Section 10 of the LPA says
The ‘certificate provider’ signs to confirm they’ve discussed the lasting power of attorney (LPA) with the donor, that the donor understands what they’re doing and that nobody is forcing them to do it

If in discussion with the certificate provider, with nobody else present, your husband can show that he completely understands, and can retain, the scope and significance of granting an LPA the provider can sign.