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Power of Attorney for dad with Dementia.(16 Posts)
My dad has early stage dementia and is slowly worsening.
Two siblings want to go for PoA but as I understand it this more difficult to do when the person already lacks capacity?
Is is fraud to say someone has capacity when they don't?
What is the procedure for getting PoA in that case when the person lacks capacity?
Also I want to act as an attorney to as I live quite close to dad. How many can act as attorneys?
If it’s the early stages he should be able to sort it. There are different types of POA and if your dad is only slightly impaired he chooses.
My husband and my FiL both have POA for my MiL (financial and health) which was set up when my MiL's dementia worsened. As I understand it, it was an easy process. It's probably better to speak to a solicitor sooner rather than later.
I'm sorry about your dad .
Definitely go and speak to someone asap. We tried to get my PIL to do it when my FIL was in the early stages. They (including he) didn't really want to though and in the end it was too late and my MIL had to go to the Court of Protection. If your father will agree and still has capacity then you should be OK but not if either of those is a no. It's not just family who signs it off so there is a certificate from someone else.
If he no longer has the capacity to consent to PoA you will have to become his legal guardian. He has to be assessed by a Mental Health Officer (council will provide - or did in my case) and you have to go to court. It cost about £2000.
You don't need to see a solicitor. Neighbours who had known parents years did the certificates. Download forms from the office of public guardian website
I would disagree about not needing a solicitor especially if it's likely to be contested. Also English law on this differs to NI. I am not sure about Scotland and Wales but make sure you are getting advice for where you live.
Caveat: I am in Scotland, so some details might be different.
There are two types of Power of Attourney: one over financial matters and the other over welfare.
It is also worth considering what were to happen if something happens to you (ie a back-up power of attorney - which could be the solicitor), so that your dad's affairs could still be managed, without going to expense of getting guardianship.
My mum had a head injury, the recovery from which eventually led to early onset fronto-temporal dementia (same area as the head injury - effectively, the healing process didn't stop and ultimately became destructive ). Before she deteriorated too far, ie after diagnosis but still in the early stages of the dementia she was able to change some of her will/banking affairs - but later changes couldn't happen as she'd lost the capacity. Fortunately my parents had set up respective powers of attorney just before the holiday where she had the accident
My dad is now paranoid about ensuring that his affairs are in order: which includes the separate powers of attorney for financial and welfare matters, plus a back up (the solicitor) if anything were to happen to those he's nominated.
I’ve just done this for my dad, who has moderate dementia - we’re in Scotland too.
You definitely need health & welfare, as well as financial POA.
It was all done through a solicitor, as there were different options about how it was set up (my mum, sisters & I share it in a certain order of precedence).
Best to do it as early as possible, whilst your relative still has capacity to consent to it.
We had set up financial POA years ago but weren’t aware that health & welfare was necessary too. It took a few months to set up, and my dad was just able (and no more) to agree to it.
I can recommend having two people with poa as my son in law and his mother both had poa for his grandmother. Unfortunately sil mother died a couple of weeks ago in her 50s and her mother is still alive. Sil has to cope with the death of his mother as well as taking control of his grandmother's affairs.
If they had only had one person as poa life would be much more complicated.
Just done this for my mum, who has early stage dementia. Having dementia doesn't mean you lack the understanding of what the POA does.
I managed to obtain POA after Dad was diagnosed with Alzheimers but was still just about managing day to day life. The GP was sympathetic and signed to say he had capacity to confer me POA.
Ideally people would give POA while they are still in good health and fully compos mentis, but in reality many people don't want to think about it then. I had to take control and strongly encourage my Dad to sign (he was pretty much in denial) and luckily the GP, who knew the family well, felt the same way.
About the Health and Welfare one- just my opinion, I didn't have it and never felt I really needed it. The health teams along the way were always happy to discuss with me/ seek my opinion. They never tried to impose anything I disagreed with. I know that in other scenarios it could all be very different and others have benefitted form a medical POA.
Without the financial POA though I would have been stuffed, as I had to take over every last financial and admin aspect of his life.
There's a lovely Mumsnetter called mumblechum who owns Marlow Wills. She set up the POA for my mum and step dad.
My step dad has the beginnings of dementia but she spoke to him and agreed he had capacity to set up the poa and she also asked other family members to certify he had capacity
Speak to her, I'm sure she will be able to advise
We got my mum's done when she was in early stages. A neighbour signed off for us. You do not have to get a doctor. You can have up to 4 attorneys, who can act individually or together. If you get on, and trust one another, acting individually is easier.
The forms are very easy to complete. You can do it online. It used to take about 10 weeks from when you submit it to the Public Guardian office till they sign it off. Send all forms as ' signed for' so that you have a record of when they are received.
I would go for the medical one as well as Financial. Both my mum and step-dad had specific wishes about their final illness. Having the PoA really benefitted me as they both died in Hospital without ICU or invasive procedures.
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