Lasting power of attourny and legal rights

[Lynne3]

Hi mum went into a care home 2 years ago she has dementia , I have a lasting power of attourney is it legal to use money from mums account if she says we can even though a P O A is in place. Thanks

 

[nitram]

If she has capacity to make the decision, yes.

Even more of a 'yes' if it is for her benefit.

It also depends on the amount of money and her financial situation.

 

[Lynne3]

She has quite a sum of money ,she has not got the capacity to make decisions. But I do not know what rights I have got or how much money can be taken out of her account I want to do everything legall. Hope I have posted this right

 

[nitram]

If the money is indisputably for her benefit, no problem.

If it is for something that you are convinced she would agree with, eg she had done it in the past, no problem with the OPG but the LA may not agree if her funds reduce to the upper limit.

 

[Lynne3]

If the money is indisputably for her benefit, no problem.

If it is for something that you are convinced she would agree with, eg she had done it in the past, no problem with the OPG but the LA may not agree if her funds reduce to the upper limit.

Thanks