Applying for Power Of Attorney

[PowerOfAttorneyQuestions]

Hi there, I am asking on behave of someone else, so please bear with me as I try to explain the situation.

My BIL (49) had a major stroke 3 weeks ago. He really is not 'with it' in any way. He is in a rehabilitation unit and will be so for some time.

He is not married to his partner (have been together for around 26 years) have two children together and own their house jointly with no mortgage.

She has said she needs to get Lasting power of attorney for medical and money issues. She has asked DH and I to help her with this as she is pretty busy looking after the two dc, working full time and visiting BIL.

I have had a look at the Gov website and the forms to be filled in for the Court of protection. Am I being right in thinking that she really needs to ask a solicitor to help her? Or am I being a bit dense in not understanding it all?

Many thanks

[mumblechum0]

Your BIL can only make LPAs if he currently has full mental capacity. If he doesn't, then his partner or NOK can make an application for Deputyship which takes months and costs quite a lot.

[PowerOfAttorneyQuestions]

Thanks mumble.

So if he has mental capacity he can make a LPA and name his partner as his deputy?

If he doesn't then his partner will have to do it.

Is a solicitor advised to do this process?

[Hoppinggreen]

If he IS able to do the LPA then mumblechum can do it
(She's much too nice to suggest that herself!!!)

[rockcakesrock]

I would suggest that for the time being the friend completes the forms on-line, prints them off and holds onto them. People do recover from strokes and it might be possible, in a few weeks time, for him to understand what is being said and sign. She will need a certificate provider, which in this case might need to be someone at the hospital.

[PowerOfAttorneyQuestions]

Ahh that's a sensible solution"! rock.

Thanks Hopping I will bear that in mind.

I'll pass all of this info on. Thanks very much!

[mumblechum0]

Thanks Hopping, but tbh I wouldn't do an LPA in these circs without meeting the client face to face and even then if there was any doubt in my mind about capacity I'd get one of the doctors to certify capacity.

[Hoppinggreen]

Yes I'm sure, I know how ethical and professional you are
Didn't mean to suggest otherwise

[mumblechum0]

Hopping

[glitterbiscuits]

We had to go to Court of Protection as my MIL had dementia. It’s long winded and expensive.

Although it seemed straightforward we ended up using a solicitor for speed and it cost us £1000. Not including the fees. We also had to purchase an insurance bond to ensure we didn’t run off with her money, sell her house without permission etc

[RedHelenB]

If someone has dementia and hasnt given anyone PoA how does that work? Who would sort the bills etc out for them?

[mumblechum0]

RedHelenB, that is the problem, and the point of getting LPAs in place before you lose capacity.

It's not so bad if it's a married couple and they have a joint account at least, but if it's a single person with no co-signatory it's an absolute nightmare.

[glitterbiscuits]

@RedHelenB that’s when you apply to the Court of Protection for deputyship. It’s like Power of Attorney but with extra tight controls. Such as keeping financial accounts with evidence if you spend any money belonging to the person you are deputy for

[RedHelenB]

And if there is no relative to do it who would do it then?

[hatgirl]

RedHelen local authorities can apply for deputyship/apointeeship in some circumstances if someone needs it. There is usually a fairly low financial threshold though (e.g state benefit levels)

Otherwise the court of protection (the LA will make the application to them if their financial threshold is reached) will appoint a solicitors firm to act on someones behalf. The solicitors can charge quite a bit of money to do this from the person's estate.

[RedHelenB]

That's answered one query I had then. Thank you

[whataboutbob]

Just to add to the excellent posts already written.
I got POA for my Dad post a diagnosis of Alzheimers and so already mentally impaired just about functioning day to day but not managing his affairs. The GP was OK to sign as certificate provider, I think not least because he knew our family well and realised how necessary a POA was.
Capacity is often not a black and white issue. It can fluctuate. People can also have capacity for certain decisions and not for others. If BIL is on an upward trajectory with rehab it might be worth waiting a couple of weeks for a capacity assessment. His treating doctor/ an OT/ hospital social worker should be able to do a capacity assessment and be a certificate provider.

[PowerOfAttorneyQuestions]

Many thanks Bob

It does make sense to wait a few weeks and see where he is.