1. Marie111

    Marie111 Registered User

    Sep 8, 2019
    24
    How do you define capacity?

    I was asked if my parent had cspacity by safeguarding on report phone line. This ‘helpful’ person reckons if she can cook she has it.

    I said if she thinks her sol is not charging and doing it as her friend. She doesn’t even think she’s been billed and thinks her ex has had the bungalow money when he’s in a home.

    How can this be capacity?

    Thank you
     
  2. Countryboy

    Countryboy Registered User

    Mar 17, 2005
    1,426
    Male
    Cornwall
    NHS
    Assessing capacity- Consent to treatment

    Contents
    All adults are presumed to have sufficient capacity to decide on their own medical treatment, unless there's significant evidence to suggest otherwise.
     
  3. Marie111

    Marie111 Registered User

    Sep 8, 2019
    24
    #3 Marie111, Sep 15, 2019
    Last edited: Sep 15, 2019
    Thanks but I’m not talking about nhs treatment but suspected financial abuse
     
  4. nitram

    nitram Registered User

    Apr 6, 2011
    19,149
    Male
    North Manchester
  5. Marie111

    Marie111 Registered User

    Sep 8, 2019
    24
  6. Louise7

    Louise7 Registered User

    Mar 25, 2016
    1,313
    Bear in mind that if there's a financial POA in place there is an option on the POA form to give the attorney(s) the ability to make financial decisions on the persons behalf (with consent) as soon as the POA is registered. The alternative option is for the attorney to only be able to act when the person has lost mental capacity. So depending on what box on the POA is ticked then it's possible for an attorney to manage someone’s finances for them whether they have mental capacity or not, as long as the donor (person making the POA) has agreed.
     
  7. Shedrech

    Shedrech Volunteer Moderator

    Dec 15, 2012
    8,077
    Yorkshire
  8. concerned4

    concerned4 Registered User

    Jun 3, 2012
    52
    If you suspect person has not got capacity, ask for them to be reassessed,biggest mistake I made in not doing so,other option if POA in place is to contact the OPG or if you suspect fraud contact the Police, a word of caution though contacted OPG & Police it has taken years for them to for me do the right thing, sadly too late though, see excerpt below.

    CHAPTER 4: SPECIFIC GUIDANCE ON EXERCISING CONTINUING POWERS OF ATTORNEY:

    MANAGING THE PERSON'S FINANCES

    4.1 You are not obliged to invest the person's estate for maximum profit but you must exercise at least the standard of financial management that he/she would expect.

    4.2 You are not obliged to do anything which would otherwise be within your powers if doing it would, in relation to its value or utility, be unduly burdensome or expensive.

    4.3 The funds and assets you are managing still belong to the granter and you should usually keep the person's finances separate from your own or anyone else's There may be occasions where the granter and attorneys have agreed in the past to keep their money in a joint bank account. It is possible to continue this. But in most circumstances attorneys must keep finances separate to avoid any possibility of mistakes or confusion.

    4.4 If you abuse your position, for example by using the granter's funds for your own benefit, you may be liable to make good his/her losses. It is also possible that anyone investigating your actions may consider such use as theft or fraud and report the matter to the police or, if you are a professional person, to your supervisory body.

    4.5 If you live in the same household as the granter, the use of his/her funds for household expenses that benefit you as well as the person will not count as abuse.

    4.6 If you act reasonably and in good faith, and in accordance with the principles, you will not be liable for any breach of any duty of care or fiduciary duty.

    Hopefully this will help
    All the best
     
  9. canary

    canary Registered User

    Feb 25, 2014
    10,713
    Female
    South coast
    Capacity is a slippery thing. It can fluctuate and is difficult to pin down. I dont think that there are any standardised tests for it either.

    From your other thread I know that a solicitor is involved, so I think you would be well advised to get extra help - Id certainly try the helpline.
    This is way above my pay grade.
     
  10. Countryboy

    Countryboy Registered User

    Mar 17, 2005
    1,426
    Male
    Cornwall
    As a person with a dementia diagnoses myself I should have thought recognizing Capacity was quite obvious but the conversations are now talking solicitors and taking on a different stance in the case of a challenge to a “will” solicitors would get an independent Psychist who specialize in this sort of thing the Psychist would record all interviews on video also give a written report the estimated cost for that is £850 to £1000 but if there was any court action very important
     
  11. Marie111

    Marie111 Registered User

    Sep 8, 2019
    24

    Thanks. I’ve copied this so I can look later
     

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