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No POA

4 replies

Sunny67 · 26/02/2015 14:40

I'm wondering if anyone can give me some advice please? My dad has Alzheimer's, diagnosed last year. I wanted to sort POA for him and my stepmum, though not neccisarally me having POA for herThe problem is that she is being difficult over it. My dad was happy for me to do it for him but won't do anything without DSM say so. I think it is getting to the point that if its not done soon for him it will be too late to make a start. The problem is that DSM is having memory problems too and is becoming increasingly hard to deal with, she is in denial over this. My question is if I don't have POA for my dad what problems will this bring later. Will I be able to choose a care home ect when the time comes? Thanks

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Mumblechum1 · 26/02/2015 16:42

I think all you can do is present the information to them. There's article here which may be of interest //www.marlowwills.co.uk/lasting-power-of-attorney.aspx

They have to have mental capacity to make LPAs. This doesn't necessarily mean that everyone with Alzheimers doesn't have capacity, it depends on the stage and also can vary within a few days. The safest way to make an LPA where there is a question over capacity is to ask the donor's GP to act as certificate provider (the person who confirms that in their view the donor understands the LPA, has sufficient capacity to make it and isn't being pressured into it.

To answer your question about whether you can choose a care home, as your father's wife is his next of kin it would usually be her decision (if he can't choose for himself).

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Sunny67 · 26/02/2015 17:11

Thank you mumble. I've shown DSM things about POA before and she worked for CAB for a few years so is aware of the reasons it should be done. I thought it would be the case for her being next of kin and this is where it gets worse as her GP has referred her to the memory clinic as he suspects she has dementia so it's more than possible when dad needs full time care DSM won't be able to make that decision for him. Bit if a nightmare.

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Mumblechum1 · 26/02/2015 19:46

It is a worry and something which needs sorting sooner rather than later! would they be prepared to talk to a lawyer about the ins and outs but without committing themselves?

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Sunny67 · 26/02/2015 20:24

To be honest I'm not sure. Depending on the day, she can agree to one thing then the day after it will be a no. I feel as if I'm pushing but only because I want things to be as straight forward as they can be for them later