Power of attorney (lasting?)

[johntywino]

Mother In Law (97) in hospital at the moment,then going into a home.She is a dementia sufferer but at the moment doesn't remember something that happened a short time ago. Her Son wants to get P.O.A. to sort out her money when she goes into the home.. The Solicitors want around £450 to do the job....What about downloading the forms after filling them online (about £59)? And do they STILL have to go to a solicitor? Any knowledge of this would be appreciated... John.

[factor-fiction]

Mmm. Is her mental capacity such that she can still grant POA? This may help.

http://www.direct.gov...anningahead/DG_194971

[ubasses]

Unfortunately once someone has dementia it is too late to get a Power of Attorney. An application will have to made to the Court of Protection fo Guardianship. Once dementia has set in the person is usually no longer considered to have the ability to appoint an Attorney.

[LoftyLottie]

Ubasses is right. Also LPOA is much more compliated than the old POA system and involves having two people, one having responsibilities for welfare an one or finance.

Quote from Alzheimers Society:

If a person has no EPA or LPA in place, the Court of Protection may appoint a deputy to make ongoing decisions on behalf of a person lacking capacity. The Mental Capacity Act 2005 introduced deputies in place of the previous system of receivers.

The Deputy Order will set out the extent of the powers granted to the deputy which might relate to finances or personal welfare. This order can have a time limit on it so it is important to check how long it lasts.

The deputy must be someone who is trustworthy and with the skills to carry out their duties. The deputy has a duty to follow the key principles set out in the Mental Capacity Act and only to make those decisions authorised by the order of the Court. The deputy must always act in the best interests of the person. An application to be appointed as deputy must be made to the Court of Protection in the first instance on the prescribed application form. The Office of the Public Guardian can provide more information about making an application (see 'Useful organisations').

Applying to be a deputy can be expensive. The costs include an application fee, registration fee and a supervision fee (if it is needed). The Office of the Public Guardian will assess each case and place it in a band where it will receive a low, medium, intermediate or high level of supervision. The fees charged will be determined by the allocated band (contact the Office of the Public Guardian for band rates). It may be possible for a deputy to recover the costs from the person they have been appointed to make decisions for. Fees may also be waived or reduced for people on a low income.

Responsibility for the supervision of deputies lies with the Office of the Public Guardian.

For details of Alzheimer's Society services in your area, visit alzheimers.org.uk/localinfo
For information about a wide range of dementia-related topics, visit alzheimers.org.uk/factsheets

[tonywiltshire]

The others are correct if your Mother in Law has lost mental capacity an application to the Court of Protection may be necessary for deputyship.

[johntywino]

Thank you all for your help.It was sort of expected though! John