FIL has been diagnosed with dementia in the last 2 months he has rapidly gone downhill he no longer knows his kids. Question is all the children agreed that his long term partner should have power of attorney however given he seems to no longer have capacity and nothing is yet in place how does this now work?
Also his partner doesn't live with him and as he can no longer care for himself how do we go about getting him some home help? Can we contact social services? All the kids are doing their bit but as we all live miles from each other it's not sustainable.
Contact social services r.e. Care and support. The GP can also refer to SS if there are concerns.
If a person lacks capacity to sign LPOA then you can apply to Court of Protection for Deputyship. Lots of information on Government website. Deputyship is related to finances only not health and welfare.
If he is not able to retain information for a short period (5 mins or so) and weigh up pros and cons then it will be too late for POA.
I’d contact adult social services for an assessment. They’d do a capacity assessment and if he lacked capacity a best interests decision would be made regarding his care. The views of his long term partner/children would be taken into account but with care and best interests the focus is on the ‘least restrictive option’. So, if FIL was able/safe to be supported at home rather than in residential care, that’s what would be proposed.
Next of kin is irrelevant in terms of provision of care. If dad lacks capacity the law requires that decisions are made in his best interests. It also requires that what he would have wanted is considered and that those involved in his life and care are consulted regarding relevant decisions. There is a quite accessible guide that accompanies the Mental Capacity Act www.gov.uk/government/publications/mental-capacity-act-code-of-practice which explains how it all works.