Power of Attorney

[FlippertyJibbit]

Hi all,

DM's Mother (my grandma) has been diagnosed with dementia. DM and her mother have never had much of a relationship since the death of DGF (DM's Dad).

Mum has two other sisters, one older, one younger. Apparently the elder sister is "going for" power of attorney. Is this right? Can she go for it or does she have to be granted it by Grandma?? Can this be contested by my mum and her other sister? It isn't for money (if that matters) it's to make sure Grandma gets the best care and to make sure the right decisions are being made.

Any help would be appreciated :-)

[morethanpotatoprints]

hello OP

I'm no authority but do know your grandma will need to instigate any proceedings through her solicitor.
My dad asked me to be his poa. There are two types afiik one for financial management and the other for care.
She will have to be of sound mind when she signs the papers.
i'm sure somebody can't just do it on her behalf.

Hopefully somebody more knowledgeable can help you.

[FlippertyJibbit]

Thank you Potato, that does help

[caroldecker]

As morethan states your GM can do it herself forms here if she is of sound mind.
If not, then you need to go through getting the permission to be a deputy - process here

[FlippertyJibbit]

Thank you Carol. Do you know if elder sister went for deputy, would the court seek consent from other siblings?

[43cupsoftea]

I know very little about the process, but I do know that the diagnosis of dementia will lengthen the process. Are you concerned about the eldest sister being the one 'in control'? Age UK and the Alzheimer's Association offer great help and advice.

[caroldecker]

The court requires the applicant to let them know who else should be informed, but i dont know what checks they do. If they have got it and not informed the family, you can almost certainly appeal to the court.
Your mum could instigate the proceedings and the three sisters be joint, then you would know how it was being handled.

[mamadoc]

The key issue is whether grandma has the mental capacity to make a power of attorney. If her dementia is mild she may well still do. If she has capacity she can nominate whoever she likes or more than one person jointly. There is then no requirement to consult anyone as it is her own choice. The solicitor making it does need to satisfy themselves that the person is not being coerced though.

If she lacks capacity then someone else might 'go for' being appointed deputy by the Court of Protection. A Dr will have to certify that she lacks capacity for this to go ahead. There is a section on that form where the Dr needs to state if they know of anyone else who might have an objection but I don't know how much that is followed up on and of course the Dr may not know.

[FlippertyJibbit]

Thank you so much all, your knowledge has helped huge amounts ??

[CaptainTripps]

What is the cost please for setting one up with a solicitor? Anyone know? Are there cheap ways? I think it may be pricey.

[BiscuitMillionaire]

It's normal, and even recommended I think, to have more than one person with POA, then the responsibility is shared.

[BiscuitMillionaire]

We did it cheaply for my dad with this company. //www.tenminutewill.co.uk a couple of years ago. It's all done online, and they spell out the whole process. I think the law has changed since then, though.

[KatieKaye]

If she has a formal diagnosis of dementia, then it is likely the doctor who hade the assessment will be able to say whether or not she still has capacity to grant a power of attorney. discuss the matter with the doctor.

She needs to grant POA for medical and financial powers - specifically if she is going to need to go into a care home at some point. The two things can be done in one deed. If there is doubt as to her capacity or that she has been unduely influenced, then it could be challenged.

As long as your DGM still has capacity it is up to her who she appoints as her attorney. She names the person and then they have to accept that position.

As said above, you can do DIY POAs - or you can get a solicitor to do this. We arranged this for my DM last year - the solicitor had to go to the hospital to get her to sign the deed and then arranged for it to be registered with the OPG. It was done just in time as her dementia has advanced so that she no longer has capacity.

She also made a codicil to her will at the same time. the total cost, including a meeting prior to discuss all this with the solicitor, was around £300.

[BiscuitMillionaire]

www.tenminutewill.co.uk/Lasting-Power-of-Attorney.htm

[KatieKaye]

people may chose to nominate more than one attorney, but I wouldn't say it was "normal" - just a matter of preference. Having more than one can actually lead to disputes.

And it isn't recommended by the Altzheimer's Society factsheet either, they just say that you can have more than one.
www.alzheimers.org.uk/site/scripts/documents_info.php?documentID=154

For something as important as this I would always want to discuss matters with a solicitor. especially if there is any doubt about capacity