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Power of Attorney Refused

(13 Posts)
nicenewone1 Thu 16-Mar-17 22:18:41

Have posted this in Dementia but this board seems busier, so hope you don't mind me duplicating it..,

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!

Sitoff Fri 17-Mar-17 10:49:09

Argh what a pain. Is it worth paying £400 and potentially going to court? What were you hoping to use the PoA for?

nicenewone1 Fri 17-Mar-17 12:05:46

Just to make sure her bills were paid and any decisions she couldn't make regarding her care. I don't think I'll pay £400.

Do you know if I can go to another health care professional in the hope of catching my mother on a better day, or is that now scuppered?

Needmoresleep Fri 17-Mar-17 12:31:54

Ask her bank for a third party access form and get her to sign it. Then you can pay her bills should she be unwell.

nicenewone1 Sat 18-Mar-17 14:00:57

Really? Wow thanks never heard of a third party access form!

Needmoresleep Sun 19-Mar-17 10:06:02

This is the process as defined by Barclays.

www.barclays.co.uk/PowerofAttorney/ThirdPartyAccessTPA/P1242682490060

You will need to pick a time when your mother is likely to be in reasonably good form, perhaps morning rather than afternoon, and perhaps take a taxi or something so she arrives stress free with clarity of what she wants to do. I would tell the bank that she has recently been ill and that you need this, as getting POA will take a few months. It is her money. You just need to be able to pay her bills. If you took anything it would be stealing.

Note you get access to online banking, which I found really useful since I live some distance from my mother, and a debit card. (POA's cannot borrow!) And it is all really quick.

I also printed out a series of letters for my mum to sign so that all bills, pension information etc came c/o my address. She was moving to sheltered so I also used Royal Mail redirect. Given she then had little presence at her own address, it was important (though I can't remember why) that she stayed on the voters register at her address.

I was lucky in that my mother was well known in her branch, so when I went in they suggested it. They even let me take the forms away to get her to sign as she had just had a hip replacement and needed to be able to pay for convalescent care. In parallel we did the POA by getting the priest, who knew her well, to sign as witness, rather than a Doctor. But with third party access you probably wont need a POA.

Tobuyornot99 Sun 19-Mar-17 10:11:38

Obviously pp advice about bank accounts is great, but it won't give you poa over health issues. HCPs have a requirement to assume capacity unless proven otherwise, and to try to a reasonable extent to cat someone at a good time / use appropriate communication aides etc, I'd take Mum when she is at her best and try again for the poa for both health and finances

Almahart Sun 19-Mar-17 18:18:13

When I went through this for my mum her solicitor said that we probably would never need to use the health part of the poa and she was right in that once mum had lost capacity us being next of kin was enough for us to make decisions on her behalf. No hospital or nursing home ever asked us for poa as far as I remember. Certainly not the hospital

Needmoresleep Sun 19-Mar-17 19:50:26

I've never needed the Health and Welfare, but would we would both be stuck if I could not run her financial affairs.

Worth getting if you are in an ideal world, but OP does not seem to be in an ideal world, so I was suggesting a work round.

Another way would be for her mum to set up a standing order to a new account in OPs name. Pension and other income goes out, and OP then has the funds with which to pay the bills. If it is all in one account, there evidence is there should anyone question.

Almahart Sun 19-Mar-17 21:37:54

Totally agree it's far preferable to have full poa, but I think if op can find a work around for the financial element then the health bit Ustashi crucial

picklemepopcorn Sun 19-Mar-17 21:44:37

This is really helpful, thank you. DF is at the point of losing capacity, or at least being unable to demonstrate capacity. His affairs are not in order. sad

shouldwestayorshouldwego Sun 19-Mar-17 21:48:26

We asked a neighbour to sign the declaration. Fortunately it was a good day and she understood at the time. With consent they just need to understand that particular thing - i.e. so that you can help her to pay bills if she can't but all the time she can you don't need to. You aren't proving that they are entirely sane. Their neighbour was very happy to sign it for mum and dad.

nicenewone1 Tue 28-Mar-17 19:20:55

I've just come across these replies, thank you very much

It's interesting that you say the health poa might not be necessary. I am reluctant to spend anymore cash though on this. My mum doesn't understand and hasn't got the money to pay even if she did. I can't really afford to pay out any more, I wasted £120 on a failed poa a couple of weeks ago.

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