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Anyone know what checks are carried out on relatives seeking POA ?

(6 Posts)
gingeroots Fri 14-Sep-12 17:58:09

Bit of a long story but

82 year old man living with 93 year old for 15 years .

ex daughter in law + granddaughter who live few miles away not supportive .
visit when want money from 93 year old .

remove 93 year old to their house when partner out shopping ,won't allow partner access ,use bruises on 93 year old's arm ( 3 finger prints caused when 82 year old grabbed her arm to stop her lifting pan of boiling water ) to obtain restraining order .

82 year old homeless and on bail while investigations on going .

Concern is that 93 year old confused ,easily lead and will allow relatives to obtain POA and that SS will be fooled by relatives .

What checks are carried out if a relative requests POA and person is confused ?

whataboutbob Fri 14-Sep-12 22:12:42

Hi gingeroots I'm not an expert but didn't want this to go unanswered. I'm in the process of trying to get a POA for my father who has Alzheimer's. It's a long process and the Office of the Public Guardian is liable to refuse/ ask for a re- application if they have any doubts. I don't know what checks they do behind the scenes but wouldn't be surprised if they checked for criminal records, bankruptcy orders etc. You don't say what your relationship to the elderly couple is. If you have concerns re the other persons, you could contact the OPG and outline them but be objective and outline actual facts and events, not impressions.

gingeroots Fri 14-Sep-12 22:20:55

Thank you .that's helpful .

I hadn't thought of contacting the OPG.

auntpetunia Wed 26-Sep-12 22:22:46

We did a POA for my mum a few years ago and a solicitor who specialises in POA came to mums house and talked to her while we where there asking her what she was signing and did she understand what she was doing if at any point she had though that mum was being "coached" should wouldn't have gone ahead with the forms. At the end of the day she is the independant person who assess whether the old person is being co-erced or is compus mentus. on the form mum had to nominate someone who would vouch for me and my sister to say that we would be acting in mum's best interests. Mum had to give that name freely without us in the room.

The OPG then do background checks on the named POA's it takes about 3 months from start to finish.

Social services had nothing to do with the POA and from what I saw of the POA system it sounds like the DIL and grandaughter won't stand a chance. I think you can get POA if the person's dementia is too bad but there are even stricter rules on doing this than if the person is doing it before their dementia gets too bad.

I don't know what your relation ship is to the couple but if they where my neighbours I would be raising my concerns with Social Services and the Police as to why they have made an 82 year old homeless.

gingeroots Thu 27-Sep-12 09:09:04

Sadly the lady has now died .
The relatives didn't tell the old man that she'd gone into hospital and he learnt of her death several days after the event by a phonecall from the duty solicitor .
His worst fears come true .
Duty solicitor has told him he can attend funeral .
If it were me I'd want that in writing as it will breach his restraining order which stipulated no contact .
And I wonder if it's ok for him to go to funeral perhaps he can also go back to his home ?

I did contact ( amongst many other organisations ) SS for both of them .
SS had opened a file on her but SS ( different part of the country ) didn't feel that he met their criteria of being vulnerable .

As I've said over on "legal"

I can't believe that the system - police ,whoever granted restraining order - can have in effect judged him ,found him guilty and punished him by putting him in a cell ,making him homeless ,seperating him from someone he clearly loved and preventing him from being there when she died.

Where was the trial ,the evidence ,the hearing of both sides ,the innocence until proved guilty ?
Oh yes ,right ,the restraining order is not meant to be a punishment and " investigations are on going " .

peanutbutterandbanana Fri 28-Sep-12 22:03:58

What a sad story. The Court of Protection (OPG) oversees POAs and I would guess if anyone had concerns about those seeking to apply for a POA should write to them. They do take it all very seriously and would read any letters that came through to them, even if they were not family. They have a duty to ensure that a vulnerable person is properly cared for. Poor chap though - how stressful for him. Lovely that he can be treated like that, eh?

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