Power of Attorney Query

[snowdropsingarden]

Hi

I've been looking at the lasting power of attorney form for financial decisions. Can the certificate provider also be a witness.

I was hoping a healthcare professional could be both. Thanks

[JiltedJohnsJulie]

Not sure on that one sorry. I'd contact the Office of the Public Guardian and ask them.

[flygirl767]

Yes they can, I have just done DM's and her friend acted as both.

[Soontobe60]

Yes they can, but they don’t always want to. Also, if the applicant has dementia then you can’t do a POA

[snowdropsingarden]

Thanks for your replies. I suspect my parent has dementia but he hasn't been diagnosed yet. Should I assume that he won't have the capacity to make the decisions on the forms? Thanks

[JiltedJohnsJulie]

I wouldn't assume that personally unless it's really very clear that they haven't got capacity.

DMIL wasn't assessed as having lost capacity till a few years after diagnosis.

[Candleabra]

No don't assume that. He will probably still have capacity. This is why it's useful (albeit more expensive) to get the paperwork drawn up by a solicitor as they will confirm capacity.
(Unless it's borderline, in which case you need a medical opinion)

[snowdropsingarden]

I don't think he will agree to go to a solicitor. He doesn't really take in the things I say.

Perhaps the healthcare professional can help.

[JiltedJohnsJulie]

I don't think he will agree to go to a solicitor. He doesn't really take in the things I say

.Perhaps the healthcare professional can help.

Would he see a Solicitor over Zoom? Has he agree to do the POA?

[snowdropsingarden]

I have mentioned POA a while ago and he wouldn't agree. I don't know about a Zoom call with a solicitor but thanks for the idea.

[Soontobe60]

If he wont agree then it cannot, and should not be done I’m afraid. He has to sign it in several places and the witnesses are expected to ensure the person fully understands and agrees to it.

[JiltedJohnsJulie]

Agree with Soon. They have to agree I'm afraid.

[Candleabra]

I'm afraid this this the situation we had with my mum. She wouldn't discuss or agree to POA whilst she still had capacity. In fact she was in complete denial about having dementia at all.

My advice would be to keep trying. My mum is still here (just) but now my father has died, all their assets are in mum's name and without LPOA I am in the position of having to maintain and manage them without any access to funds. It is an absolute nightmare. I have instructed a solicitor to apply for Deputyship but this a very very long process. (Upwards of a year).

[snowdropsingarden]

Hi. Yes if he doesn't agree then the POA can't go ahead. I am hoping that during his assessment with a healthcare professional she can explain it to him and he will agree and sign the forms.

[mrsmalcolmreynolds]

Just to say it's not correct that someone with dementia can't give PoA - dementia doesn't automatically mean you don't have capacity and that's incredibly important to remember for all sorts of reasons.

[ammary]

Since when do solicitors 'confirm capacity'?

Ask the person who they want to manage their finances if they can't do so themselves. If they understand the question and can give an answer and retain it (ask same again a little later) then they have capacity,

Someone who has known them a while can confirm capacity on the form.

Social services or GP can do a more formal
Mental capacity assessment if you're unsure about it.

PP is right that dementia doesn't mean they lose capacity- and capacity is decision specific. They might not know what they want for breakfast but they can tell you who they want managing their money.

[cabbageking]

The doctor should be referred to if there are any concerns. Even with dementia the doctor can confirm the patient has the capacity to make and understand decisions. Even if LPOA is granted you should still involve person in decision where they are able. If the doctor confirms no review is needed, record the date for future reference.