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Too late for POA

barryk

Registered User
Aug 14, 2015
6
Hello all, I am trying to help my sister in law whose husband has been diagnosed with frontal lobe dementia at age 53. He is presently in hospital for assessment, very unlikely to be returning home. He is unable to agree to a POA so could you tell us where to go. I'm assuming a solicitor would be needed. Any pointers would be greatly appreciated. Barry.
 

Beate

Registered User
May 21, 2014
12,012
London
If capacity is lost you need to apply for deputyship. You can involve a solicitor but you don't have to as you can fill in the forms yourself or ask a charity to help you with it.
 

barryk

Registered User
Aug 14, 2015
6
If capacity is lost you need to apply for deputyship. You can involve a solicitor but you don't have to as you can fill in the forms yourself or ask a charity to help you with it.
Ok, so Alzheimers. org, Dementia UK, Age Concern would be places to go?
 

cragmaid

Registered User
Oct 18, 2010
7,941
North East England
Hi Barry and welcome to TP.
Yes those organizations will be able to give you advice and also have a look at the OPG website www.gov.uk/government/organisations/office-of-the-public-guardian.
I know that there are different rules for the various countries of the UK so you will need to be specific in your questionning.
Is there no way you can apply for POA? The forms can be filled in by you and witnessed by a friend of the family if the Donor understands at the time of signing what is being asked, even if they forget immediately afterwards. As long as the witness is happy that the process has been explained and that the donor agrees, this becomes a relatively straightforward and cheaper way of taking control of someone's financial or welfare needs.
Good luck....Maureen.
 

barryk

Registered User
Aug 14, 2015
6
Hi Barry and welcome to TP.
Yes those organizations will be able to give you advice and also have a look at the OPG website
I know that there are different rules for the various countries of the UK so you will need to be specific in your questionning.
Is there no way you can apply for POA? The forms can be filled in by you and witnessed by a friend of the family if the Donor understands at the time of signing what is being asked, even if they forget immediately afterwards. As long as the witness is happy that the process has been explained and that the donor agrees, this becomes a relatively straightforward and cheaper way of taking control of someone's financial or welfare needs.
Good luck....Maureen.
I'll look into that Maureen, but I think his condition has moved so fast that it would cause upset to all concerned. thanks, Barry.
 

Boredhousewife

Registered User
Dec 18, 2012
83
not too late

As long as he can nod agreement and make a mark on the forms it is not too late! Get a solicitor who specialises in poa to represent him, they can help you push the process along and is well worth paying for. The solicitor acts on his behalf not the behalf of the attorneys.
 

Spiro

Registered User
Mar 11, 2012
522
Get a solicitor who specialises in poa to represent him, they can help you push the process along and is well worth paying for.
Solicitors for the Elderly are specialists. Don't be put off by the word "elderly", they advise vulnerable people and their families as well. I hope you find someone in your area.

http://www.sfe.legal/
 

barryk

Registered User
Aug 14, 2015
6
Solicitors for the Elderly are specialists. Don't be put off by the word "elderly", they advise vulnerable people and their families as well. I hope you find someone in your area.


That's great, thanks for all the information, we'll look into the links. Barry.
 

theunknown

Registered User
Apr 17, 2015
431
Hello all, I am trying to help my sister in law whose husband has been diagnosed with frontal lobe dementia at age 53. He is presently in hospital for assessment, very unlikely to be returning home. He is unable to agree to a POA so could you tell us where to go. I'm assuming a solicitor would be needed. Any pointers would be greatly appreciated. Barry.
Hello Barry. I've had to go down the route of getting deputyship. There's no way my mum would have been able to understand what she was agreeing to with PoA and, because she was sectioned, the professionals wouldn't counter-sign. We've used a solicitor and, although it's not necessary to do it this way, there is a set fee for obtaining deputyship through the CoP, so you shouldn't need to shop around for legal help; just find a solicitor that suits you.
 

canary

Registered User
Feb 25, 2014
12,890
South coast
Its pretty expensive if you get a solicitor to do COP. Its really not too difficult to do it yourself. If you are concerned about getting it wrong you could always do what I did and have an initial consultation with a solicitor who filled out the main form and advised me what to do. It cost £150 for this consultation and I did the rest myself. Court fees are £400, if you get the GP to fill in the form saying that she has lost capacity you will get charged for that (I got mums SW to fill it in and she didnt charge me), then there is photocopying and postage and at the end you will need to buy a security bond and there are admin fees (set on a sliding scale depending on the value of her assets).
 

barryk

Registered User
Aug 14, 2015
6
Its pretty expensive if you get a solicitor to do COP. Its really not too difficult to do it yourself. If you are concerned about getting it wrong you could always do what I did and have an initial consultation with a solicitor who filled out the main form and advised me what to do. It cost £150 for this consultation and I did the rest myself. Court fees are £400, if you get the GP to fill in the form saying that she has lost capacity you will get charged for that (I got mums SW to fill it in and she didnt charge me), then there is photocopying and postage and at the end you will need to buy a security bond and there are admin fees (set on a sliding scale depending on the value of her assets).
thanks for all the advice, it's much appreciated. I'm sure we'll be on again looking for more. best wishes, Barry.