My mother is in the middle stages of Alzheimer's and is on occasion very combative. My father is her primary caregiver but his health is not the best. He has made the decision to give me medical power of attorney over him but it will be a battle to talk to my mother about that. She is dead set against leaving her house if the time came to where she would need to be in a nursing home. Shes possibly to the point to where shes not capable of making that decision. With my father being her primary caregiver can he be the one to turn over power of attorney over her to me or is this an issue where the courts are going to have to get involved. Thanks for the help.
Power of Attorney Question
- Thread starter SPrew94535
- Start date
Hi and welcome to Talking Point.
If your mother has granted your father a lasting power of attorney for welfare (or in fact, finances) such a power is not transferable. I'm sorry. Your only option would be to apply for deputyship, and in England and Wales, that is rarely granted
But all is not lost: the reason welfare deputyships are rarely granted is because the system accepts that such decisions as where a person is to live should really be down to the family involved, and as such, even without some kind of legal authority, the family should be able to make that call.
I assume from what you say that 1) your father is reaching the point where he can no longer care for your mother and 2) your mother would be unwilling to enter a home?
Do understand that no adult (spouse or not) can be required to care for another person. They may well want to, but it simply may not be possible. So I suppose the question is: is your father at the point where he would be willing to hand over her care to another entity?
If your mother has granted your father a lasting power of attorney for welfare (or in fact, finances) such a power is not transferable. I'm sorry. Your only option would be to apply for deputyship, and in England and Wales, that is rarely granted
But all is not lost: the reason welfare deputyships are rarely granted is because the system accepts that such decisions as where a person is to live should really be down to the family involved, and as such, even without some kind of legal authority, the family should be able to make that call.
I assume from what you say that 1) your father is reaching the point where he can no longer care for your mother and 2) your mother would be unwilling to enter a home?
Do understand that no adult (spouse or not) can be required to care for another person. They may well want to, but it simply may not be possible. So I suppose the question is: is your father at the point where he would be willing to hand over her care to another entity?
