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.

First visit for diagnosis and EPA

Discussion in 'ARCHIVE FORUM: Support discussions' started by Susi T, Feb 11, 2007.

  1. Susi T

    Susi T Registered User

    Jan 12, 2007
    64
    Leamington Spa
    Hi Everybody

    Just wanted some advise and information. After a few problems with Dad at the beginning of the year I asked the doctor for help. He has recommened Dad see a Geritrician (think that is how you spell it) to get some help. Can anyone tells me what this involves? We are to go to care home for the appointment. I do feel guilty as Dad has been better since mid January, I know that things can change day by day let alone weeks! The appointment has just been arranged, don't know what reason I will give Dad for going there, I think sometimes good ideas come out of the blue!!
    Dad's condition was quite concerning at the time, so much that I made enquiries re POA, I went to our local Age concern on my own initially to ask for advice etc. I have to take Dad this week. This is where I could use some advice, the solicitor has said that she will make the decision if Dad has understood the implication of the POA. Is this the norm? I thought a docors opinion would count in the decision making process. I was told in no uncertain terms that the solicitor would have to satisfy herself that my Dad was completely sure of the decision he was making. If she was not convinced it would involve a wait of up to 6 months and a cost of £700.
    If somebody out there has any advice could you let me know.

    Thanks Susi T
     
  2. Michael E

    Michael E Registered User

    Apr 14, 2005
    618
    Male
    Ronda Spain
    Susi hi,

    There have been several threads recently.... A great many people on this forum myself included have received the forms and information back from http://www.guardianship.gov.uk
    filled them in with a friendly witness for our relations then later registered them with the court. The forms are free of charge and the help line and information booklet that accompanies them is simple and designed for 'ordinary' people to use. There is no requirement for a doctors certificate or letter and certainly no requirement at all to use a solicitor... It is a very simple process requiring one witness beside yourself.. It all takes about 10 minutes. The only requirement is that at the moment he signs the POA you and the witness should believe your father knows what he is signing... Only at that tiny moment in time - five minutes later he can be in la la land...

    The only cost comes when you register the POA with the court and that is a one off payment of £120 which can come out of the estate of the person concerned...

    To be asked to pay £700 and wait months is wicked - almost fraud. That solicitor should be ashamed of themselves exploiting people when they are vulnerable.

    I think the Alzheimers society has some excellent fact sheets on the subject but frankly all you need to do is to visit http://www.guardianship.gov.uk then speak to them on the help line - very nice helpful people
     
  3. Norman

    Norman Registered User

    Oct 9, 2003
    4,348
    Birmingham Hades
  4. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,417
    From what the OP has said, it sounds as if the wait of 6 months and the £700 is if you needed to apply to the court of protection for recievership, which would be necessary if the donor was to far gone to understand what was happening, and that is hardly the solicitor's fault if that is the case. Applying for recievership is both expensive and time-consuming. The solicitor (if you use one) is legally required to make the determination that the donor is still sufficiently on the ball to understand the implications: should that not be the case I'm afraid that you only legal option is the recievership route. I think you have to be particularly careful when there are multiple family members: you might get away with fudging the issue if there was no one to argue the toss down the line, but if there are people who might take issue with any arrangements: watch out!

    Jennifer
    (yes, I know my i's and e's are all mixed up, but I'm not going back to change them!)
     
  5. Nell

    Nell Registered User

    Aug 9, 2005
    1,170
    Australia
    Here in Australia our POA system is very straightforward and does not cost anything. We do not have the "two tiered" system you seem to have in the UK - unregistered and registered. Here, once a POA is in place, it covers everything - but only as you implement it. For example: I have Mum's POA which I use to do her banking, but so far she is the one who signs cheques and withdraws money (because she can still do it). We are both (Mum and I) conscious of the fact that the day is coming when I'll have to handle all the banking.

    When we went for POA I was thoroughly "grilled" by the Clerk of the Court, who initially seemed very suspicious of me and my intentions! However I welcomed this because I felt she was acting as an advocate for my parents (I had POA for Dad too before he died) and was making sure I wasn't out to cheat them.

    Because M&D's finances were in order before the POA, I didn't have to worry about selling a house or anything, which made it easier to convince the Clerk that I wasn't trying to "feather my own nest"! Nell
     
  6. Grandaughter 1

    Grandaughter 1 Registered User

    Jan 17, 2006
    141
    Hampshire
    When we went through the process of getting EPA for my Grandad the solicitor was happy to draw it up although said that she wanted a doctors letter stating that Grandad could understand what the process meant.

    The family doctor visited Grandad and said it was fine and then wrote a letter to the solicitor.
     
  7. Susi T

    Susi T Registered User

    Jan 12, 2007
    64
    Leamington Spa
    Things didn't go according to plan, solicitor is not happy that Dad understands the implication of POA, the appointment we had to see Hospital Consultant has been put back by a month. I had hoped once Dad had been diagnosed things would be better, I don't know!! Feeling in limbo at the moment!!!
     
  8. Skye

    Skye Registered User

    Aug 29, 2006
    17,000
    SW Scotland
    Hi Susi T

    I'm not surprised you feel in limbo. It's so frustrating, wanting to do the best you can for your dad, and having to battle for everything.

    My suggestion is to find another solicitor. I think you should contact your local branch of the Alzheimer's Society and ask if they can recommend one who understands AD. Our branch had one that they use regularly for talks on legal and financial matters, and yours may well have one too.

    A solicitor who understands AD will know that there are good days and bad days, and will be prepared to come to the house whenever you ring to ask.

    Failing that, you could try the DIY route, but only if you know that there are no members of the family likely to challenge it.

    I'm no legal expert, I'm just speaking from my own experience and what I've learned from others. Hope it helps.

    Love,
     
  9. mocha

    mocha Registered User

    Feb 17, 2006
    176
    Lancs, England
    EPA and LPA's

    Has anybody made an EPA when they are perfectly well?
    I have one for my husband which we got when he was first diagnosed in 2002 but I wondered if I could have one for myself as a safeguard for the future.
    Hopefully it wouldn't be needed but it sounds as though you can leave it until it is too late.
    Nobody can see into the future as a lot of our friends on TP will understand.

    Can the DIY one be abused if you don't need Doctor's letters?

    Aileen
     
  10. Skye

    Skye Registered User

    Aug 29, 2006
    17,000
    SW Scotland
    Hi Aileen

    yes, I made an EPA in favour of my husband and my son. We both made them together, then it was just a formality and John didn't worry about it. Of course, John would never be able to look after my affairs, but it's useful to name the next generation. As you say, you never know!

    Yes, I think the DIY on can be abused, that's why it's important only to use it if there is no possibility of challenge. OK in most families, but as we know, not all!
     
  11. Susi T

    Susi T Registered User

    Jan 12, 2007
    64
    Leamington Spa
    Thanks for the advice Skye, I asked my local Society in January, although they were very helpful I get the impression that a diagnosis for Dad is going to make all the difference! According to Dad's GP a team will be allotted to help Dad and me! My Dad should have seen a Geriatrician (think that is the wrong spelling) on Wednesday of this week, however, the appointment that was made in Mid Feb was cancelled last week until 28th March! I do feel guilty asking for help as some days Dad is not too bad then days like today we are having trouble with day and night "times" again, like it was in January.
     

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