Power of Attorney - Lacked Capacity

[jewel1968]

My parent has lacked capacity for about 2 years however 2 siblings have successfully applied for lasting power of attorney about a year ago. I have written evidence from one of the siblings 8 months before they applied for POA stating the parent lacked capacity. I am estranged from these siblings (whole other story) and have not engaged with them on this. I do not know what or how they are spending the parent's money. What would happen if I reported to Office of Public Guardian if they were to accept the parent lacked capacity an could not apply for Power of Attorney.

[Pithivier]

I found the Public Guardian Office extremely helpful when I asked for advice. I suggest you telephone them and ask what the procedure should be in your circumstances. They can give you a definition of 'lack of capacity'. My mum's POA was granted after diagnosis, because she demonstrated 'certain abilities'.

I not sure that, without evidence, they will be able to investigate any misuse of funds though.

[CalmanOnSpeeddial]

Do you have reason to expect they’d be misspending the money? Getting a POA in while parents still have capacity is often difficult so I suspect that a fair number are granted in circumstances where it’s already strictly speaking too late but still managed in good faith and for the best of motives.

To that extent it does matter why you’re N/C - if for example you broke contact due to their racist comments about your child then they might still be likely to manage your parents’ funds appropriately. If you broke contact because their drug addiction led to unacceptable behaviour then yes, you should step in.

[LidlAngel]

If your parent lacked capacity two years ago how did they manage to get a LPA? To my mind it would (or should) have been refused as the person it was for could not prove they had capacity, hence it should have gone through the courts via a Deputyship?

[jewel1968]

Spoke to office of public guardian and yes very helpful. It seems I have evidence they lacked capacity and I could raise a concern with safeguarding team. Am pondering if it is best for my parent. Thanks

[jewel1968]

And you are right the reason for NC is relevant here.