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Power of Attorney refused

(4 Posts)
nicenewone1 Thu 16-Mar-17 18:41:09

Just sounding off really.....Wrote letter to mums gp asking if he thought she had the capacity to sign a lpa. He said yes, then promptly went off on long term leave. So i paid £120 for the half hour appointment needed to run through it, and the gp we saw refused to sign it. To be fair she did badly when the gp questioned her.

So it's £400 now for the deputy thing and i don't think I'm going to bother. There is no estate at all, she doesn't even have enough money to pay for her own funeral. Dh is doing his nut about that but that's probably for another thread!

Thanks for reading!

WinnieTheW0rm Fri 17-Mar-17 07:18:57

If you cannot secure a power of attorney, then you'd have to apply to the court of protection.

It's not about her assets (financial side) as you can also have inendrawn up for medical care, and that would ensure you have final say on eg which care home, what medical treatment. It is likely you'd be consulted of course, the system isn't totally inhumanne. But if there was a difference between you and relevant officials, you might find it somewhat more complicated if you have no legal standing

nicenewone1 Fri 17-Mar-17 12:08:55

Thanks, I was getting health and welfare too.

I've asked this on the elderly board too, but do you know if we can approach another health care professional in the hope of catching my mother on a more lucid day or is that now scuppered?

mrsmalcolmreynolds Wed 03-May-17 17:22:38

You can approach another health professional, or indeed see the same one again as capacity can vary. The certifier of capacity doesn't even have to be a legal or medical professional - it can be someone who has known your mother for at least two years, such as a neighbour if there's anyone suitable?

I think you have to be careful though and ask yourself completely honestly whether you think she properly understands what she would be doing by entering into the LPAs?

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