Hold on a minute! Some basics here. Capacity is decided on a decision by decision basis. A person doesn't suddenly lose capacity for every decision. There is no rule about who decides when capacity is lost. It does not have to be a doctor. The attorney can decide although it would be wise to get a second opinion. A Lasting Power of Attorney can be used whether or not the person has lost capacity, an Enduring POA can only be used when the person has lost capacity for the decision concerned.
The POA needs to be registered with the Office of the Public Guardian. Once this is done, just get on and manage her affairs. All decisions must be made in the interests of the person, not the rest of the family.
I have recently overruled my father as his attorney, causing a lot of anger, but rightly so in his interests, because he did not meet the four requirements to make the decision under the Mental Capacity Act 2005. I didn't get a doctor involved.
There is one quick way of cutting through this, though it is extreme, and that is for your father to contact social services and say that he is no longer able to provide the level of support he is now. There is no legal obligation on him to do anything at all for your grandmother, and if the stress overwhelms him they will have to pick up the pieces in any case. It’s also completely out of order that he is being prevented from working by your grandmother’s situation.
As for the remarks about queue jumping - I would complain now. I wouldn’t even bother to go through PALS. I don’t want to say which service diagnosed my husband during lockdown, but it is in the south of England. There are others posting on here who have relatives also diagnosed since March. The bottom line is that your grandmother is heading into crisis and to fail to respond to repeated pleas for help from her family is just heartless.
And yes, the lack of guidance and support generally offered for families is shameful. All I got was a recommendation to check out this site - which in itself is testimony to just how poor the system is for so many of us.
Thankyou for all of your comments! I'm sorry I'm half replying out of posting order, they seem to be popping up at different times so for some reason I'm seeing some later than others!
I think the problem with the LPAs is that we cant actually get them 'live' with the OPG until she is deemed to have lost mental capacity - at least, this is what the health one states in the LPA itself. The financial one states something different along the lines of, alongside a capacity assessment when the health one is 'activated', or with her consent. We would then be able to make that assessment as the Attorney when decisions need to be made, but fundamentally, we cannot even do that at this point without this assessment under the Mental Health Act. Basically, she's prepared them in a similar format to a Will, they have been lodged with the OPG, but are not live and my Dad cannot act as attorney until they are. It's very frustrating!
Sorry if the info I'm providing is a bit disjointed and confusing! I'm trying to muddle my way through this as best I can, with conflicting advice from the professionals here. It has really caused a lot of issues in how my grandmother has set these LPAs up... nightmare!
My dad has today asked me to pursue this on his behalf as he is struggling to do this himself along with everything else. Obviously he will need to speak to relevant people as he is appointed attorney and not me, but for now I think the best I can do is:
1) Contact the OPG and check exactly what they need to get these LPAs 'active' so to speak, so that my Dad can act as Attorney freely.
2) Depending on what they advise, contact someone independently and get a capacity assessment sorted to lodge the LPAs with OPG
3) If all else fails, as a backup I'll book the solicitor in to come and see my grandmother in October (the next available slot) incase she is willing to consent to the financial LPA being activated as at least this would help with funding care if we can get her to agree, and then sort out the health one when I can.
Does this sound like I'm on the right track? Is there anything I've missed that I could try? I will also encourage my dad to complain although I dont think it'll help the situation. I think they will plea covid19 and send us on our way to wait!
Thanks again all x