New menber.

[algelgie]

Hi everyone. My father has Alzheimer's and I'm on a steep leaning curve both legally and health wise. I've been living and working abroad with very little contact with my him, as we hadn't got on for years. Now that we have built bridges, I'm in catch up mode.

Due to my past absence the POA is with his solicitor. It can not be transferred to me now (his only child), as the solicitor thinks he is unable to make an informed decision and I unfortunately agree. That said, what information am I allowed to ask of the solicitor. Fees, extent of the POA etc. Also my father says he wants to buy me a car. After a short talk with his solicitor, this can be given as a gift but will cost £400 and 6 months to go through the courts. Is that normal? Any advice on any of these matters, would be gratefully received.

 

[jenniferpa]

Also my father says he wants to buy me a car. After a short talk with his solicitor, this can be given as a gift but will cost £400 and 6 months to go through the courts. Is that normal? Any advice on any of these matters, would be gratefully received.

Yes, it is, and unless your father has sufficient assets to allow him to pay for care for the rest of his life with, quite probably, a healthy margin left over the application will not be successful. What the solicitor will have to do is make an application to the court (that would be £400 fee) to allow him to to make this gift as the attorney on behalf of your father. You can also expect there to be fees to the solicitor to do this, although these should be charged to your father.

Do you know if there is a health and welfare LPA in effect? Is the finances one an LPA or an EPA? (if it was made before 2007 it will be an EPA).

I don't see that you have any right to be informed about your father's assets, care costs, fees or anything else. The solicitor may be willing to talk in general terms but he doesn't have to, and he probably cannot be specific since he has a duty of confidentiality to your father.

 

[nitram]

The solicitor has either EPA (Enduring Power of Attorney) or LPA (Lasting Power of Attorney), in either case (s)he would have to apply to the COP (Court of Protection) for permission to buy the car, hence the £400 fee. The result of the application could depend on your fathers assets and the value of the car.

Note that although the COP may allow the purchase the LA (Local Authority) may well regard it as deliberate deprivation of assets in any future financial assessments.

 

[LYN T]

Would it feel morally right for you to accept the gift of a car from your Dad? You say he has little understanding of making decisions-so how do you know that he has the capacity to make this purchase? If I was you, I would steer clear of any financial help from your Dad in these circumstances

Just my opinion