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lasting power of attorney queries

Discussion in 'Legal and financial issues' started by smailes, Feb 23, 2015.

  1. smailes

    smailes Registered User

    Jun 26, 2014
    77
    I was just wondering what happens if I do not take lasting power of attorney or go through the courts for deputyship. Will the social services take responsibility for the care and make decisions if I do not want them myself. I've realised it's something I do not want following my up bringing and relationship in the past.
    I'd be grateful for any advice.
    Thank Roz.
     
  2. Belinda3

    Belinda3 Registered User

    Mar 9, 2014
    20
    hi there,
    recently queried this myself.
    Apparently the courts will appoint a deputy, this deputy would be supervised, and there might be court fees/judge making decision who will be the deputy fees to pay upfront.
    From what I understand, the judge will appoint a deputy and that could be so I was told, either someone professional like an accountant from social services.

    I was also informed if we didn't want poa, then the gp/social services teams would take over making health decisions if it was concluded the person was a danger to themselves, plus other concluding reasons.
    I hope this helps
     
  3. smailes

    smailes Registered User

    Jun 26, 2014
    77
    Thanx for the response. Yes it helps a little. I guess I just have to keep on at social services and the GP when I see the situation getting worse and let them make the decisions.
    Thank you again.
    Roz
     
  4. Juliette Bravo

    Juliette Bravo Registered User

    Mar 2, 2015
    4
    Giving up Enduring Power of Attorney

    Can anybody help? I have reluctantly come to the conclusion that I have to give up EPA for my mother. My position has been resented by a family member who has made increasingly malicious false allegations. It is devastating as I do believe my continuing is in my mother's best interest. Who will pay my mother's care home fees? Who is liable to pay them? My life has been made unbearable by this person's lies and the only way I feel I can stop it is to give in but it leaves me very anxious regarding my mother's future. Please help.
     
  5. nitram

    nitram Registered User

    Apr 6, 2011
    19,039
    Male
    North Manchester
    Only your mother is liable for the care home fees, currently you are acting on her behalf and paying them using the EPA.

    If you relinquish the EPA, and if your mother has lost capacity, a COP deputy will have to be appointed to handle her financial affairs. Else she could grant an LPA.

    The deputy is quite often a family member but if there is contention within the family the COP may well appoint a panel deputy from a list of approved solicitors and charities.
     
  6. Juliette Bravo

    Juliette Bravo Registered User

    Mar 2, 2015
    4
    Thank you. That's really reassuring
     

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