we do not have lasting power of attorney - what next?

Discussion in 'Legal and financial issues' started by lynneeb, Jan 19, 2015.

  1. lynneeb

    lynneeb Registered User

    Jan 19, 2015
    2
    Hi People
    help please

    My 95 year Mum has been living independently in her house with only obvious symptoms being fraility and very slight memory loss - as of late December she was still managing simple cross words by herself

    I am her only child and have a financial power of attorney - not lasting power of attorney, Mum and I thought we would have time to change if needs be - big mistake!

    Falling a fall on 1st January Mum has been in hospital, diagnosed with Dementia with Lewy's and the change is both shocking and dramatic - for example she cannot work out what day it is, that she is in hospital and so on, Each day is worse

    Any tips how I can best, and easiest, achieve a lasting power of attorney?

    thanks
     
  2. marionq

    marionq Registered User

    Apr 24, 2013
    5,664
    Female
    Scotland
    In Scotland a Power of Attorney is taken out for Finance and also for Health and Welfare. If you have POA for finance then it is the health one you need. Why has it become so important. Are there decisions about your Mums care that you are not allowed to take?
     
  3. nitram

    nitram Registered User

    Apr 6, 2011
    18,615
    Male
    North Manchester
    Your Mum can only grant an LPA if she has capacity and from your post I doubt that she has.

    For all DWP related income it is easy and free for somebody to become a >>>DWP APPOINTEE<<<

    For all other financialy matters including the future of her house a >>>COP DEPUTY<<< will have to be appointed. This is more complicated and not free.

    Legally the existing ordinary power should not be used but you could carry on using it whilst the deputyship was under way, if the bank suspect that your Mum is loosing capacity they may stop you using the power which could cause all kinds of problems.
     
  4. lin1

    lin1 Registered User

    Jan 14, 2010
    9,322
    Female
    East Kent
    #4 lin1, Jan 19, 2015
    Last edited: Jan 19, 2015
    Hello Welcome to TP.
    I am sorry to hear about your Mum.
    It is well known on here that people with Dementia are often more confused when in Hospital also a general anaesthetic can cause Dementia symptoms to worsen.
    Sometimes this is only temporary and the person makes a full or partial recovery.
    I hope Your mum makes a full recovery
    Please let us know how she gets on.

    Re your question about Lasting Power of Attorney , LPA.
    Nitram is correct.

    I would like to say that , if your Mum recovers sufficiently to understand the power she is granting to the Attorney (you) and is agreeable Then it will be possible to arrange an LPA.
    Having a diagnosis of Dementia or forgetting things 1 minute later does not mean you cant arrange an LPA
     
  5. sue38

    sue38 Registered User

    Mar 6, 2007
    10,856
    Wigan, Lancs
    If you are in England or Wales, and the Power of Attorney you describe is an ordinary one (i.e. not an Enduring (EPA) or Lasting Power of Attorney (LPA)) then it will be automatically revoked if your mum has lost mental capacity. In the case of EPA's and LPA's they 'endure' or 'last' - hence the names.
     
  6. lynneeb

    lynneeb Registered User

    Jan 19, 2015
    2
    thanks

    Thanks people for you quick responses
    As I thought but it is good to confirmation

    I hope Mum will regain enough capacity on one of her good days - otherwise I will go to C of P

    I really am not thinking straight a the moment, still in shock from the rapidity of Mum's decline
     
  7. piph

    piph Registered User

    Feb 4, 2013
    1,530
    Northamptonshire
    As long as your Mum understands 'in the moment' of signing, and somebody who has known her for more than two years and can ascertain that she understands what giving LPA means then all should be fine. It's better to use an old friend than a 'professional' as they are often reluctant and tend to err on the side of caution.
     
  8. nitram

    nitram Registered User

    Apr 6, 2011
    18,615
    Male
    North Manchester
    "...I hope Mum will regain enough capacity on one of her good days - otherwise I will go to C of P..."

    If you are considering a knowledge based certificate provider it would be a good idea to sound out a suitable person.

    You could even have the document ready for the certificate provider to go through with your Mum just prior to them signing. This way you would not have to go through the whole thing twice, once to agree to do it and a second time to actually do it.

    Have a look at:-

    https://www.gov.uk/power-of-attorney/overview

    Section 3 includes a link to an online tool that you can start filling in, the tool stores the document for retrieval and editing.
     
  9. Liz57

    Liz57 Registered User

    Dec 22, 2013
    184
    I'm in a similar situation. No LPA and although I've been told the cost of going to the Court of Protection (or for that matter getting LPA) comes from mum's estate, pursuading her to pay, has proved impossible and I simply don't have the funds for it. I'm between a rock and a hard place as she's refusing to pay for any carers etc. not because she doesn't want them (and she definitely needs help) but because she doesn't understand that she does have the money to pay.

    Sorting this stuff out is also pretty time consuming when you're either working full time and caring during the rest of your waking hours.

    Sorry no answer but would welcome hearing how you get on.
     
  10. Norfolkgirl

    Norfolkgirl Account Closed

    Jul 18, 2012
    514
    Who is it up to, assuming the donor retains capacity, to choose a professional (i.e. not GP, not known donor well, not known for 2 years or more) as a certificate provider?
     
  11. nitram

    nitram Registered User

    Apr 6, 2011
    18,615
    Male
    North Manchester
    The donor is completing the LPA, they choose everybody concerned except for the witness of any attorney.

    In practise the donor and attorney(s) often agree on a suitable certificate provider.
     

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