GP says Dad has capacity

Discussion in 'Legal and financial issues' started by Dianneya, Dec 2, 2019 at 9:59 AM.

  1. Dianneya

    Dianneya New member

    May 8, 2019
    8
    Hi

    Hope someone can help me. Dad moved into a care home at the end of October and I am applying for Deputyship so I can sell his house to pay for it. The Care Home are currently putting a DOL's in place and after speaking to one of the DOL's assessors the Doctor that assessed him believes he has lost capacity as does the lady from the local authority that went into assess him. Meanwhile his GP has been in to see him and do mental capacity assessment for property and financial, at my Solicitors request so I can apply for Deputyship. The GP has said that Dad does have capacity for property and finance and Dad wants me to look after his finances (I have been doing this for over a year, at Dads request after my Mother passed away). Has anyone had this situation before? Can I now apply for POA instead as he can retain the information and it is his wish that I continue looking after his finances? My Solicitor has never come across this situation before and doesnt seem to be able to answer the question. Any advice would be greatly appreciated.
     
  2. Shedrech

    Shedrech Volunteer Moderator

    Dec 15, 2012
    8,088
    Yorkshire
    hi @Dianneya
    in practical terms, setting up an LPA would be more straight forward to set up and for you to administer, so personally I'd take this opportunity to do so

    assessing capacity is challenging as it can fluctuate ... your dad's GP knows him and was asked by the solicitor to make an assessment (for me, this is the odd part, but the solicitor required this, so can't ignore the result, to my mind) which he has done

    if you are concerned, you might call the OPG and have a chat .. I have found them helpful
     
  3. nitram

    nitram Registered User

    Apr 6, 2011
    19,227
    Male
    North Manchester
    It is possible that your dad lacks capacity to handle his financial affairs because he gets confused with all the detail but never the less has capacity to fully understand the implications of handing the responsibility over to you as his chosen attorney.

    I agree that the solicitor, having asked for a capacity assessment from the GP, should accept the result.
     
  4. imthedaughter

    imthedaughter Registered User

    Apr 3, 2019
    90
    Hello we have had a similar experience. Before I moved Dad into residential care in April I got him to sign the LPAs as I was aware that his capacity could be brought into question. However, he was, at the time, assessed as having capacity, albeit by a nurse and social worker. He was aware of the plan to go into the home and had agreed to it and so on he was just not able to remember the timings and how it was happening. What he was lacking was the ability to organise and keep on top of things long term which is why he wanted me to help.

    To be honest I felt that full time residential was a bit overkill at the time, but now I actually think we just about got him in there in time. He's declined since then and they didn't even do a capacity assessment one time as he was so confused it would have been too distressing and it was obvious he no longer had capacity.

    Then when the home was looking to put a DOL(S) in place he had a really good day and was deemed to have capacity.

    You can't have a deprivation of liberty order if they have capacity. You can't do the LPA if they don't have capacity. If you don't get an LPA sorted now, you'll likely have to have them made a ward of court and it will be very tricky and expensive.

    So get the LPAs done now (you don't need a solicitor). You won't get the DOL yet until they have lost capacity and it will probably be temporary anyway. (Make sure you get the LPA which you can use immediately as it's the most straightforward and you will need it!)
     
  5. canary

    canary Registered User

    Feb 25, 2014
    10,773
    Female
    South coast
    You can have capacity to make some decisions, but not others. If the GP is saying that he has the capacity to grant POA, then go for it - quickly, before it is lost.
     
  6. Dianneya

    Dianneya New member

    May 8, 2019
    8
    Thanks for the replies. I have spoken to the GP and he said that Dad was very clear that he wanted me to look after his finances and he understood his house had to be sold and he retained this information. I explained the the home was part way through a DOL's assesment and he didnt see why his assessment should effect that. he said Dad was very clear about the financial situation but he wouldnt have capacity to decide if he needed a bath or to eat. Speaking to the home they think it will stop them getting the DOL's as Dad has capacity to make a financial decision. Im very confused. Dad has always been clear about his finances and wanting me to look after them for him (even before he had dementia) but he also thinks his cat dug a hole in the ground, died and then came back to life and dug herself out of the hole. I've put a call into the DOL's team and am waiting for them to call me back. When I spoke to them last week she did say she thought he had lost capacity however he was very clear that he wanted me to look after his finances. Obviously I would rather be able to do a POA as this easier and cheaper but I also want to do what is best for Dad and go down the correct legal route.
     
  7. nitram

    nitram Registered User

    Apr 6, 2011
    19,227
    Male
    North Manchester
    I would press ahead with the LPAs, both finance and health, without telling the DoLS assessors.
    As has been said an LPA is far cheaper to get and easier to operate than a deputyship, also health depityships are very rarely granted.

    His GP s clearly convinced that he has capacity to grant you an LPA. hammer this into the solicitor, would (s)he like a doctor to overrule him/her on a legal matter.

    DoLS is Deprivation of Liberty Safeguards, note Safeguards, the assessment is not related to his capacity to grant an LPA. It is to judge whether or not, for instance, the home can legally restrain him from walking outside and wandering off into danger.
     
  8. imthedaughter

    imthedaughter Registered User

    Apr 3, 2019
    90
    @nitram is correct. Don't delay on the LPA. It will take weeks anyway but you can print and get the forms signed now and sent off for registering. You don't need a solicitor, you can do it yourself.
     
  9. Dianneya

    Dianneya New member

    May 8, 2019
    8
    Ive spoken to the DOLS assessor and she actually agreed with the GP and said Dad did seem to have capacity where his finanaces were concerned and the fact he wanted me to look after them for him and that it wont effect the DOLS. The Solicitor wasnt too happy about it and said she didnt think it was correct (shes never met Dad only me through the Deputyship application). So ive got the paperwork filled in and am making an application for POA. Thanks for all your help and advise.
     

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