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Power of Attorney and mental incapacity

(8 Posts)
Jux Wed 28-Oct-09 15:25:30

MIL is senile. sFIL is talking about getting Power of Attorney. Is this possible when she is clearly mentally incapable? If so, what can he/we do instead?

pipWereRabbit Wed 28-Oct-09 23:11:45

Take a look at this website - it seems pretty clear and outlines the options.

fruitspooksbatsintheeaves Wed 28-Oct-09 23:13:53

if she has really no idea of what is going on then you have to get doctor certificates AFAIK. It's much harder than when they are still aware. We have just done a Power of Attorney for my dad.

Jux Thu 29-Oct-09 15:16:09

Thank you. She has very little idea, apparently, and forgets things almost instantly. Looks like it's not that easy - certainly not now.

Think dh is going to find a solicitor with a free half hour.

MrsMuddle Thu 29-Oct-09 16:14:56

You'll get some good advice from your equivalent of Alzheimer's Scotland (is it the Alzheimer's Association?) They'll know exactly what to do, and will probably be able to put you in touch with a good solicitor.

LowLevelWhingeing Thu 29-Oct-09 16:40:08

I just happen to have received through the door a law text book - <disclaimer> - I'm not a lawyer!
from "Using the Law in Social Work" p91 by Robert Johns:

"...where someone has already become 'incapacitated'...the only recourse is to the Court of Protection which will take over people's financial affairs if necessary and administer them through a court appointed deputy. Deputies can take decisions on welfare, health and finance as authorised by the Court but will not be able to refuse consent to life sustaining treatment"

So it looks like your FIL could be appointed a deputy to make decisions on your MIL's finances.

Here's a link to advice on the Mental Capacity Act

Sorry your family are going through this, I know it's very difficult.

floatyjosmum Thu 29-Oct-09 21:03:38

hi, dont think you will be able to get one now as she doesnt have the capacity to agree to it. should get one for your fil though just in case!
there was an article within the past week about the court of protection adn how ungreat it is - think it was the daily mail. very one sided as the mail always is but very informative

Jux Sat 31-Oct-09 16:22:51


The free half hour dh got yesterday was very helpful. No, there is no question of anyone getting Power of Attorney and the Court of Protection route is, apparently, very very expensive. Doubt that sFIL will bother.

We can't work out why he'd need to as we believe everything is in joint names anyway. DH and SIL hate sFIL (who is not a nice man) and are worried he might sell up and shove her in a home. I think it would be quite hard for him to do that though, esp with dh and SIL on the case.

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