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Capacity

Marie111

Registered User
Sep 8, 2019
41
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
 

Countryboy

Registered User
Mar 17, 2005
1,460
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.
 

Marie111

Registered User
Sep 8, 2019
41
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.
Thanks but I’m not talking about nhs treatment but suspected financial abuse
 
Last edited:

Louise7

Registered User
Mar 25, 2016
2,254
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.
 

concerned4

Registered User
Jun 3, 2012
61
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
 

canary

Registered User
Feb 25, 2014
12,867
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.
 

Countryboy

Registered User
Mar 17, 2005
1,460
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
 

Marie111

Registered User
Sep 8, 2019
41
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

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