Hi Elaine. With regard to your resident, I believe that if they are capable of making thier own decisions and judged to be so by the doctor then they are capable of signing a document revoking the EPA, and this should be done asap. Where I work, (in a home for people with Learning Disabilities), a lady was being financially abused by her daughter and we reported it to her social worker who then applied to the court of protection to have her finances and care protected. The important thing to remember is that EPA/LPA are set up to PROTECT the donors finances or welfare. They are not there to benefit the attorney, although they shouldn't be out of pocket. The EPA can be restricted to certain items too. A new LPA could be made I think with someone else as attorney, either acting with the other or separately, and that can be anyone they like, except somebody from the Home, or anyone else from the list of people who aren't allowed to be one. Did the relative let other people know about thier intent to register the EPA?
Are you sure in this case that the attorney isn't genuinely trying to help your resident? Lots of people do not trust Care Homes when it comes to relatives finances, maybe because there is alot of abuse.
However, seeing as you say your resident is adamant they do not want this attorney then it seems quite clear a revocation of the EPA is called for. Just out of interest how did the relative get the EPA without the residents signature or permission if there are judged to be mentally capable? I think that legal advice should be sought. Ask the Advocates to do this for the resident. And do it URGENTLY before the residents condition deteriorates.Dont waste any more time and get the ball rolling.
You could also ring the Elder Abuse team for advice and help. ANYONE can report abuse and if you have genuine reason to supect this abuse you have a duty to do so.
Are you sure in this case that the attorney isn't genuinely trying to help your resident? Lots of people do not trust Care Homes when it comes to relatives finances, maybe because there is alot of abuse.
However, seeing as you say your resident is adamant they do not want this attorney then it seems quite clear a revocation of the EPA is called for. Just out of interest how did the relative get the EPA without the residents signature or permission if there are judged to be mentally capable? I think that legal advice should be sought. Ask the Advocates to do this for the resident. And do it URGENTLY before the residents condition deteriorates.Dont waste any more time and get the ball rolling.
You could also ring the Elder Abuse team for advice and help. ANYONE can report abuse and if you have genuine reason to supect this abuse you have a duty to do so.