Hi Everyone,
Could anyone offer me some advice on Power of Attorney please as I feel like I'm going round in circles!
My Mum was diagnosed with 'mixed dementia' in October 2016. When I discovered that there were was a Financial POA (who knew?!) I thought that it might be helpful for Mum. Over the previous 18 months she had lost her debit/credit cards a few times (she thought that they had been stolen or that she had lost them), she had forgotten her pin number and she no longer felt confident going into the bank or using a cash point. It also became apparent that she had forgotten about a couple of dormant ISA accounts. We were able to discuss it with her mental health nurse & she agreed that she would like me to handle her bank accounts for her.
I approached Age UK, who referred me to Citizens Advice. Citizens Advice referred to a place called 'Find A Solicitor' who directed me to the nearest solicitor who was 40 miles away! I don't mind driving 40 miles but I was reluctant to make my poor Mum travel all that way. I went to Social Services at the Local Authority where I work & they recommended I approach Age UK.
Having gone full circle I obtained a pack from gov.uk and completed it myself. I spoke to Mum's GP last Friday about signing the forms (that's what the mental health nurse suggested I do) & her GP recommended that I contact a solicitor. I've spoken to a local solicitor today and they have suggested that because Mum has already been diagnosed with dementia she has legally lost the capacity to organize a Power of Attorney and so we'd have to apply to the Court of Protection with me as the deputy.
Is this right? It seems strange that to have to apply to the Court of Protection when Mum can still articulate what she wants but I'm wondering if her dementia diagnosis automatically means that legally she has lost the capacity to make the decision.
To add a couple of other ideas to the mix, the local carers association have suggested I might be better to go for 'Third Party Mandate' rather than Power of Attorney & her bank just want me to add my name to her account - which might be a solution but it seems wrong as it's Mum's account not mine. I just want to do what's right for her.
Does anyone have any advice please?
Could anyone offer me some advice on Power of Attorney please as I feel like I'm going round in circles!
My Mum was diagnosed with 'mixed dementia' in October 2016. When I discovered that there were was a Financial POA (who knew?!) I thought that it might be helpful for Mum. Over the previous 18 months she had lost her debit/credit cards a few times (she thought that they had been stolen or that she had lost them), she had forgotten her pin number and she no longer felt confident going into the bank or using a cash point. It also became apparent that she had forgotten about a couple of dormant ISA accounts. We were able to discuss it with her mental health nurse & she agreed that she would like me to handle her bank accounts for her.
I approached Age UK, who referred me to Citizens Advice. Citizens Advice referred to a place called 'Find A Solicitor' who directed me to the nearest solicitor who was 40 miles away! I don't mind driving 40 miles but I was reluctant to make my poor Mum travel all that way. I went to Social Services at the Local Authority where I work & they recommended I approach Age UK.
Having gone full circle I obtained a pack from gov.uk and completed it myself. I spoke to Mum's GP last Friday about signing the forms (that's what the mental health nurse suggested I do) & her GP recommended that I contact a solicitor. I've spoken to a local solicitor today and they have suggested that because Mum has already been diagnosed with dementia she has legally lost the capacity to organize a Power of Attorney and so we'd have to apply to the Court of Protection with me as the deputy.
Is this right? It seems strange that to have to apply to the Court of Protection when Mum can still articulate what she wants but I'm wondering if her dementia diagnosis automatically means that legally she has lost the capacity to make the decision.
To add a couple of other ideas to the mix, the local carers association have suggested I might be better to go for 'Third Party Mandate' rather than Power of Attorney & her bank just want me to add my name to her account - which might be a solution but it seems wrong as it's Mum's account not mine. I just want to do what's right for her.
Does anyone have any advice please?