1. Expert Q&A: Protecting a person with dementia from financial abuse - Weds 26 June, 3:30-4:30 pm

    Financial abuse can have serious consequences for a person with dementia. Find out how to protect a person with dementia from financial abuse.

    Sam, our Knowledge Officer (Legal and Welfare Rights) is our expert on this topic. She will be here to answer your questions on Wednesday 26 June between 3:30 - 4:30 pm.

    You can either post questions >here< or email them to us at talkingpoint@alzheimers.org.uk and we'll answer as many as we can on the day.

  1. gerrie ley

    gerrie ley Registered User

    Apr 10, 2006
    83
    bradford yorkshire
    My wife is three/four years into alzheimers I asked my solicitor if we could appoint our son as EPA for my wife in case I died before her.He said we would have to get permission from her consultant he refused this permissionn and also said she couldnt update her will.I think this is beyond belief as she knows mostly what she is doing she is able to look after our cats and knows the family evan if she doesnt always get their names correct.This consultant only comes to see her about every six months and hasnt been a great help apart from diagnosing Aricept.Does anyone know a way around this as I say he should have advised us at the start to get these items in order
     
  2. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,417
    I take it from what you say that you already have an EPA with you as the attorney? But unfortunately, when that was made you didn't name your son as an "alternate" (that's not the right word, but you know what I mean)? But the EPA hasn't been registered?

    It is possible to download the appropriate forms from the guardianship website http://www.guardianship.gov.uk/ and fill them out without any contact with a solicitor or consultant. This presupposes that you haven't registered an existing EPA.

    You probably won't have any problems doing it this way, unless your wife has other heirs that might take exception. That's when it gets sticky, because you are, to a certain extent circumventing the rules. In effect, if you try to register this new EPA, and someone objects, the fact that the consultant has said that she she is not competant will be enough for that EPA to be set aside. Furthermore, you might then not be considered trustworthy enough to administer the existing EPA. Sorry to be so depressing about the whole thing. If you don't do anything, and you die before your wife, your son would need to apply to be a reciever: it's more expensive to do it this way, and more hassle but it is doable. In your situation, I think I'd be inclined to leave things as they are: you could defintiely make things worse.

    As for the will - I really don't think you have any choice here. If she makes a new will, and it proves to be invalid I am not certain if the old will comes into force, or if it is as if she had died intestate.

    This is all just my personal opinion, but I think that the consultant stating that she doesn't have capacity anymore would be enough to stop me trying to make any changes to the current situation.

    Jennifer
     
  3. gerrie ley

    gerrie ley Registered User

    Apr 10, 2006
    83
    bradford yorkshire
    Thanks for your opinion jenifer I wouldnt want to make things worse.The consultant is convinced that my wife will go first but how does he know as she seems as fit as a fiddle apart from the alzheimers and the aches and pains that seem to be part of ailment.
     
  4. gerrie ley

    gerrie ley Registered User

    Apr 10, 2006
    83
    bradford yorkshire
    Spelling

    Sorry Jennifer
     
  5. Tender Face

    Tender Face Account Closed

    Mar 14, 2006
    5,379
    NW England
    Hi Gerry Lee... I trust the consultant comes from the breed that has a reliable crystal ball to predict exactly what will happen to each of us? :(

    It has been a concern of mine that I have been presumptious - I am the only person mum was ever likely to appoint as POA/EPA ..... - but that does not guarantee I will outlive her ...... contingency plans? I'm afraid I have none ..... I haven't a clue what would happen to her and her affairs if I were to pre-decease .....

    Gosh... that's an awful thought....... and straight on my 'to do' list ....

    I can only assume that solicitor is suggesting a consultant's opinion because there is some doubt from their legal stance that your wife is able to make a sound judgement about who to appoint or reappoint as EPA???

    Reappointment would not be an issue if there were no issues around the ability to 'judge' - it is maybe worth us remembering that EPAs can be drawn up at any time in our lives ... changed, and changed again ..... prior to a beckoning need to enforce them ...... at which point the goalposts have to stop changing ......

    Sorry if none of that helps, Love, Karen, x
     
  6. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,417
    Karen, I don't think there's anything you can do at this point as you've already registered the EPA. The website indicates that if a attorney no longer wishes to act (and I imagine being dead would fall under that category) the only thing that can be done is to apply for a receivership. However, if it was the case that you "withdrew" it is possible to include within the withdrawal a suggestion for a possible receiver - perhaps this can be done in your will or similar? When I set up my mother's EPA, we also named my husband as another attorney (severally rather than jointly) and also my daughter to cover just such an eventuality.
     

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