Fluctuating capacity GPA OPA DoLS

[tomatosalad]

Hi my family member is in hospital and has a DoLS in place because they attempt to leave at night, although this is less frequent now. When they were first admitted it would be during the day as well.

They are improving a lot and the hospital are getting ready to discharge to intermediate care for physical related rehabilitation.

My opinion is that their mental capacity can fluctuate, perhaps because of medication, dehydration or lack of sleep.

We need to urgently support finances at their home as this has been ongoing for over a month. When they are having a good day they are able to take all the information in and consider different outcomes. We have discussed POA and deputyship with them and have full support, including from their friends and other family members.

I feel like we would struggle to get the doctor to complete the full capacity assessment for deputyship as it was hard enough getting them to give us a short letter for holiday insurance.

Would a GPO/OPA be suitable in this situation to manage banking and other utilities, bills etc, if you considered capacity over a longer term?
Are there any implications for using a GPO with fluctuating capacity whilst we wait for the LPO to be active?

 

[tomatosalad]

My understanding is that a GPO would be used where there is still capacity and a deputyship where there isn't, but I feel we are at a halfway point between the two, and not sure the correct option.

We are moving into he right direction of having capacity more of the time, it's just very difficult

 

[canary]

I dont know what a GPO is, but having had to apply for deputyship for my mum, my advice is that if your family member has periods of capacity then use these periods to gain POA or other things that require capacity

 

[nitram]

I dont know what a GPO

GPO/OPA general power if attorney/ordinary power of attorney.
Power invalid if donor looses capacity ie does not last.

Quite often short term eg donor on holiday when house completion sale/purchase has to be signed.

Agree try for LPA when lucid.