Hi just i would just like to know if my mum has three Daughters and one son just found out that one of them has power of Attorney how did this happened with out telling the others and does this mean i could challenge it . What is the power of Attorney rights have i am more then confessed now as they went behind all of our backs to do the power of Attorney are they now in charge of everything
My mum has Demattia
- Thread starter danonumberone
- Start date
Hello! Welcome to Talking Point. I am no legal expert, but I believe that when drawing up an LPA (lasting power of attorney) there is no obligation to inform the family members who are not named. I don’t believe that these are grounds for challenging the decision.
An attorney is the representative of the donor (that is the person with dementia). If the donor can make decisions for his or her self, then they continue to do so. When they cannot make decisions the attorney acts on their behalf. Everything decided has to be in the best interests of the donor. If anyone is unhappy with decisions made by an attorney, or feels they have not acted in the best interest of the donor, then they can appeal to the OPG ...which is an organisation that exists to make sure the donor’s best interests are kept.
I am sure someone else will answer soon who has greater knowledge than me, and/or who can explain more clearly!
I am going to take out POA for my dad. I have the forms and I have the willing neighbour to sign the forms and no I am not asking my brother for permission. My dad is happy for me to do it as he trusts me and I am doing it because it is in dads best interest for me to do it.
My brother has no interest in his fathers health and well being so I can presume that he has no interest in POA.
This may not be true in your case and I think that it is best if the POA is shared between family members because obviously it is best for more than one to make decisions but in my dads case it is best that I do it alone.
So no I do not think that everyone has to be informed. As long as dad is happy for me to do it (and to be honest he does not really see anyone else) then I will do it for him.
I really wish I didn't have to take the responsibility but I am the only one around.
My brother has no interest in his fathers health and well being so I can presume that he has no interest in POA.
This may not be true in your case and I think that it is best if the POA is shared between family members because obviously it is best for more than one to make decisions but in my dads case it is best that I do it alone.
So no I do not think that everyone has to be informed. As long as dad is happy for me to do it (and to be honest he does not really see anyone else) then I will do it for him.
I really wish I didn't have to take the responsibility but I am the only one around.
I think the only thing to be stressed is that LPA is not something ‘taken’ but something ‘given’. The PWD, if it is done because of dementia, is the DONOR, that literally means a giver. They are giving permission for the attorney, or more than one attorney, to make decisions on their behalf if they can no longer do so. Once it is registered, the donor can still act for themselves, if they are capable. This capability may vary. If the attorney has acted once, it does not necessarily mean they will make all decisions themselves in the future. It depends on mental capacity of the PWD at that time.
My dad asked me to be his attorney and neither of us thought to inform my brother and sister. Like @Duggies-girl my siblings are not around and are busy living their own lives. Eventually I decided to include my sister and one of my daughters as joint and several attorneys but only in case I'm ill. It's simpler for me to make the decisions when dad no longer can because I'm the one who looks after him.
I wish I didn't have to have the responsibility but siblings can't be bothered. I'm not saying its the same with you. But I don't have a sinister motivation and my dad asked me to be his attorney and then agreed to include the others as standby if I'm temporarily indisposed.
I wish I didn't have to have the responsibility but siblings can't be bothered. I'm not saying its the same with you. But I don't have a sinister motivation and my dad asked me to be his attorney and then agreed to include the others as standby if I'm temporarily indisposed.
Thanks all i have found the replies very useful , As i under stood it they only have part power not full power what i am worry about if at any time could they take full power or do they then have to talk to sibling's.
I'm not sure what you mean by full or part power. Once you're an attorney you are that person's legal representative. Financial attorneyship can kick in straight away, health attorneyship once mental capacity is lost. Again, no need to talk to any non-attorney siblings at any point.
I feel the same. I don't want to have the responsibility of POA. I have enough responsibilities already with dad but he wants it to be me and really there is nobody else. I am not going to trouble my brother because last time I spoke to him about dads health his eyes glazed over and I could see I was boring him.
hi @danonumberone
might it help to read what the OPG have on their website
https://www.gov.uk/government/publi...ing-power-of-attorney-a-guide-web-version#A10
and this is a link to the main AS site pages
https://www.alzheimers.org.uk/info/20032/legal_and_financial/130/lasting_power_of_attorney
might it help to read what the OPG have on their website
https://www.gov.uk/government/publi...ing-power-of-attorney-a-guide-web-version#A10
and this is a link to the main AS site pages
https://www.alzheimers.org.uk/info/20032/legal_and_financial/130/lasting_power_of_attorney
