Power of attorney for a dementia suffer
Discussion
My MiL now lives in a nursing home and has been diagnosed with dementia. She is not in any position to make decisions for herself now so my wife needs to set up a PoA for her.
Has anyone been through this? I'm guessing it's a solicitor jobbie but how do you go about finding one who is proficient in doing these things? Or is it a straightforward process so they can all do it?
Lastly is it better to use one near where we live or near where the MiL now resides? Or does it not really matter?
Thanks in advance
Has anyone been through this? I'm guessing it's a solicitor jobbie but how do you go about finding one who is proficient in doing these things? Or is it a straightforward process so they can all do it?
Lastly is it better to use one near where we live or near where the MiL now resides? Or does it not really matter?
Thanks in advance
oblio said:
My MiL now lives in a nursing home and has been diagnosed with dementia. She is not in any position to make decisions for herself now so my wife needs to set up a PoA for her.
Has anyone been through this? I'm guessing it's a solicitor jobbie but how do you go about finding one who is proficient in doing these things? Or is it a straightforward process so they can all do it?
Lastly is it better to use one near where we live or near where the MiL now resides? Or does it not really matter?
Thanks in advance
Short answer is no. It can't be done.Has anyone been through this? I'm guessing it's a solicitor jobbie but how do you go about finding one who is proficient in doing these things? Or is it a straightforward process so they can all do it?
Lastly is it better to use one near where we live or near where the MiL now resides? Or does it not really matter?
Thanks in advance
https://www.scie.org.uk/mca/practice/representing-...
I think you will need to contact the Court of Protection.
https://www.gov.uk/courts-tribunals/court-of-prote...
oblio said:
My MiL now lives in a nursing home and has been diagnosed with dementia. She is not in any position to make decisions for herself now so my wife needs to set up a PoA for her.
Has anyone been through this? I'm guessing it's a solicitor jobbie but how do you go about finding one who is proficient in doing these things? Or is it a straightforward process so they can all do it?
Lastly is it better to use one near where we live or near where the MiL now resides? Or does it not really matter?
Thanks in advance
It's been left too late. A Power of Attorney can only be taken out when the person is capable of making decisions for themselves - it's often precautionary in case dementia etc sets in later.Has anyone been through this? I'm guessing it's a solicitor jobbie but how do you go about finding one who is proficient in doing these things? Or is it a straightforward process so they can all do it?
Lastly is it better to use one near where we live or near where the MiL now resides? Or does it not really matter?
Thanks in advance
As mentioned above, you now need a Court of Protection Order. See a solicitor.
As an aside, I feel that ALL adults should draw up a Power of Attorney. You can often do it yourself - and it can prove essential.
I was going to post the same type of response. You need Capacity to enter into LPA so if dementia is severe then it may not work. Court of protection seems to be the solution.
No help to OP perhaps, but I can’t tell you how helpful it has been to have LPA in place for mum who is now in care home with dementia
No help to OP perhaps, but I can’t tell you how helpful it has been to have LPA in place for mum who is now in care home with dementia
As others have said, your mum need to have the mental capacity to understand the agreement she is entering into under any LPA. It doesn't sound from your post that she does have that capacity, and without it you can't get an LPA. Sorry;)
There is a process via the Court of Protection that you can use, but I have no experience of it personally.
There is a process via the Court of Protection that you can use, but I have no experience of it personally.
Hello OP
As others have said, the person needs to have capacity to make an LPA.
If there is no capacity, you need to appoint a deputy instead.
The deputy can be lay (e.g. family member) provided they satisfy the requirements of the Court of Protection, or you can appoint a professional deputy, who will often be a solicitor.
Have a look at this website as a starting point :
https://www.gov.uk/become-deputy
There’s a need to account to the Court of Protection each year, which is why some people may benefit from a professional one depending on their family set up.
For yourselves and others, as also stated here, getting an LPA sorted when you can is very sensible. And for many people that can be done without legal help by going through the process and paying the relevant fee:
https://www.gov.uk/power-of-attorney/make-lasting-...
As others have said, the person needs to have capacity to make an LPA.
If there is no capacity, you need to appoint a deputy instead.
The deputy can be lay (e.g. family member) provided they satisfy the requirements of the Court of Protection, or you can appoint a professional deputy, who will often be a solicitor.
Have a look at this website as a starting point :
https://www.gov.uk/become-deputy
There’s a need to account to the Court of Protection each year, which is why some people may benefit from a professional one depending on their family set up.
For yourselves and others, as also stated here, getting an LPA sorted when you can is very sensible. And for many people that can be done without legal help by going through the process and paying the relevant fee:
https://www.gov.uk/power-of-attorney/make-lasting-...
Yeah , you’ll need a deputyship. Missed LPA with my mum who has vascular dementia. Middle of last year she was also diagnosed with stage 4 cancer and given 12 months to live, but as of yet isn’t showing any signs of slowing down even though she’s 84. We started the process for deputyship but there was a10-12 month wait for the courts so didn’t seem like much point in continuing given the time frames. Not sure that was the best decision at the moment….
I had similar with my mum when I knew things seemed to indicate dementia wasn’t far away or at least early stages.
I got POA sorted via mum’s solicitor without issue.
The part I questioned and never got a straight answer on was who, how and when was it determined the person doesn’t have capacity any longer? Sufferers can have moments of being ok and rational then not. I found it a very grey area.
OP, I’d urge you to ask around for assistance on determining her capacity. It may not be too late.
Best of luck.
I got POA sorted via mum’s solicitor without issue.
The part I questioned and never got a straight answer on was who, how and when was it determined the person doesn’t have capacity any longer? Sufferers can have moments of being ok and rational then not. I found it a very grey area.
OP, I’d urge you to ask around for assistance on determining her capacity. It may not be too late.
Best of luck.
geeman237 said:
The part I questioned and never got a straight answer on was who, how and when was it determined the person doesn’t have capacity any longer?
It's typically a matter of opinion around the question of whether the sufferer understood what they were doing when the POA was executed. Just because the sufferer is unable to do some things doesn't mean they necessarily lack capacity to put in place a POA. If the sufferer has a solicitor then the fact that solicitor is willing to see the POA prepared and signed is a very positive thing. If the sufferer's capacity is in doubt it may be risky to put a POA in place without a solicitor on board.Often the real world question isn't so much about the sufferer but whether other family members will make a fuss about the way the attorney is using/abusing the POA.
I went through the Court of Protection deputyship last year, as my father had dementia and was in a home. I started the process in July, and I was granted deputyship in December, two days after he had passed away. It’s not a quick process, for very good reasons, and it costs.
If you need any advice, just ask, I’ll do my best to remember!
My application was fairly straightforward, so that maybe helped. I found the CofP itself to be very helpful.
The paperwork can appear daunting at first, but if you read it line by line, it’s quite simple.
If you need any advice, just ask, I’ll do my best to remember!
My application was fairly straightforward, so that maybe helped. I found the CofP itself to be very helpful.
The paperwork can appear daunting at first, but if you read it line by line, it’s quite simple.
geeman237 said:
I had similar with my mum when I knew things seemed to indicate dementia wasn’t far away or at least early stages.
I got POA sorted via mum’s solicitor without issue.
The part I questioned and never got a straight answer on was who, how and when was it determined the person doesn’t have capacity any longer? Sufferers can have moments of being ok and rational then not. I found it a very grey area.
OP, I’d urge you to ask around for assistance on determining her capacity. It may not be too late.
Best of luck.
+1 - this sounds a very sensible approach. I had similar circumstances with an elderly relative and my chosen solicitor went to see her in the care home and decided that she was still of sound enough mind to sign the LPA. I got POA sorted via mum’s solicitor without issue.
The part I questioned and never got a straight answer on was who, how and when was it determined the person doesn’t have capacity any longer? Sufferers can have moments of being ok and rational then not. I found it a very grey area.
OP, I’d urge you to ask around for assistance on determining her capacity. It may not be too late.
Best of luck.
I suspect that had we left it much longer we would have had an issue.
Good luck in sorting.
oblio said:
I understand my wife cant get an LPA as it's too late: I didn't make that clear in my OP, sorry. I suppose my question would have been better phrased as "What do we do now?" and how easy is it...rather than mention LPA's. Sorry about that.
Who says it's too late? Presumably not a solicitor or you would already have been been advised what to do next. I'd want belt-and-braces certainty the easy route isn't available before setting off towards the Court of Protection. Might save you a world of pain.alscar said:
geeman237 said:
I had similar with my mum when I knew things seemed to indicate dementia wasn’t far away or at least early stages.
I got POA sorted via mum’s solicitor without issue.
The part I questioned and never got a straight answer on was who, how and when was it determined the person doesn’t have capacity any longer? Sufferers can have moments of being ok and rational then not. I found it a very grey area.
OP, I’d urge you to ask around for assistance on determining her capacity. It may not be too late.
Best of luck.
+1 - this sounds a very sensible approach. I had similar circumstances with an elderly relative and my chosen solicitor went to see her in the care home and decided that she was still of sound enough mind to sign the LPA. I got POA sorted via mum’s solicitor without issue.
The part I questioned and never got a straight answer on was who, how and when was it determined the person doesn’t have capacity any longer? Sufferers can have moments of being ok and rational then not. I found it a very grey area.
OP, I’d urge you to ask around for assistance on determining her capacity. It may not be too late.
Best of luck.
I suspect that had we left it much longer we would have had an issue.
Good luck in sorting.
The process of appointing LPA’s through the court of protection is painfully slow and so the person needing decisions made for them, and about their affairs, can suffer. It’s not a great system for anyone involved.
RealMrPorter said:
From bitter experience I can tell you that only a capacity assessment performed by a specialist psychiatrist will stand up legally. Anything else is opinion and subject to accusations of unduly influencing the Individual regarding their decisions.
The process of appointing LPA’s through the court of protection is painfully slow and so the person needing decisions made for them, and about their affairs, can suffer. It’s not a great system for anyone involved.
Sorry to hear about your bitter experience but you’re absolutely right about the COP being “ slow “. The process of appointing LPA’s through the court of protection is painfully slow and so the person needing decisions made for them, and about their affairs, can suffer. It’s not a great system for anyone involved.
When my relative referred to in my post above was first admitted to the home it was the GP that got her admitted who said to me to get a solicitor to draw up the LPA and do it quickly.
Otherwise if not careful the COP could take up to 6 months to sort - this was during Covid though.
My solicitor insisted on seeing them first and met with them with the GP and the care home manager before declaring himself happy to arrange the LPA.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff