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Dementia and power of attorney

(10 Posts)
QueenOfIce Wed 13-Jun-18 13:49:43

Sorry posting here as it's 2 issues really.

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.

Thank you

gillybeanz Wed 13-Jun-18 13:52:30

I'm sorry my love it's probably too late.
It needs to be done whilst he is still in full capacity, the doctor would probably not agree. He won't know what he is signing.

Do get in touch with ss regarding his care, you don't need a POA for this.

Sylv2017 Wed 13-Jun-18 13:55:19

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.

riksti Wed 13-Jun-18 13:56:49

Some information on acting on behalf of someone who has no capacity to appoint a power of attorney www.ageuk.org.uk/information-advice/money-legal/legal-issues/power-of-attorney/what-happens-if-you-dont-have-a-power-of-attorney/

QueenOfIce Wed 13-Jun-18 13:59:40

Thank you so much

Fflamingo Wed 13-Jun-18 14:02:38

Ime it is not just someone of older generation but usually a younger person/ persons too who are chosen to have poa.

dangermouseisace Wed 13-Jun-18 15:09:25

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.

QueenOfIce Wed 13-Jun-18 15:47:13

Would any of his children be classed as next of kin and would any of them have any input into his care?

Whatamuddleduck Wed 13-Jun-18 16:24:43

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.

QueenOfIce Wed 13-Jun-18 18:51:08

Thank you you've all been a great help.

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