1. barryk

    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.
     
  2. Beate

    Beate Registered User

    May 21, 2014
    11,481
    Female
    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.
     
  3. barryk

    barryk Registered User

    Aug 14, 2015
    6
    Ok, so Alzheimers. org, Dementia UK, Age Concern would be places to go?
     
  4. Beate

    Beate Registered User

    May 21, 2014
    11,481
    Female
    London
    #4 Beate, Aug 14, 2015
    Last edited: Aug 14, 2015
  5. cragmaid

    cragmaid Registered User

    Oct 18, 2010
    7,963
    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.
     
  6. barryk

    barryk Registered User

    Aug 14, 2015
    6
    That,s great, thanks Beate. Kind regards, Barry
     
  7. barryk

    barryk Registered User

    Aug 14, 2015
    6
    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.
     
  8. Boredhousewife

    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.
     
  9. Spiro

    Spiro Registered User

    Mar 11, 2012
    522
    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/
     
  10. barryk

    barryk Registered User

    Aug 14, 2015
    6
     
  11. theunknown

    theunknown Registered User

    Apr 17, 2015
    321
    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.
     
  12. canary

    canary Registered User

    Feb 25, 2014
    9,319
    Female
    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).
     
  13. barryk

    barryk Registered User

    Aug 14, 2015
    6
    thanks for all the advice, it's much appreciated. I'm sure we'll be on again looking for more. best wishes, Barry.
     

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