Power of attorney - mentally ill

[sthitch]

I'm looking for some advice, and I know Google is my friend but I've tried Google and I'm not 100%. We need to arrange a POA or something similar for a family member. She has been sectioned for many years, but is currently under no section/free to make her own decisions. She has good and bad days, and needs support, like generally she can make her own decisions, but sometimes she struggles. Shes in a support home where they are very interested in her money, and unfortunately she will tell the staff everything. In an ideal world, she would have a card and be able to spend money, her correspondence would be sent elsewhere and we could step in as and when it's needed, but ultimately she manages her funds. More to protect her as well as us - its really difficult trying to help whilst she lives there. Is there anything we can do? We intend to speak to a solicitor but it would be great to get an idea before we go. Thanks 😊

I think if she has mental capacity to make decisions then consent will be needed to set up the POA. Think there's two one for health and one for finances. The health one will only come into force when she lacks mental capacity, I think it's different for finance. Probably best speaking to a solicitor like you say it's quite complicated but she will need to consent

Hi thanks a lot for the reply! That's what I wasn't sure about whether the finance could kick in if she had capacity. She would be able to give consent, and I know the solicitor will obviously make their own assessment whether she's capable or not to appoint someone. But good to know re the finance bit 😊

You can fill out the forms yourself on line without using a solicitor. If your friend is on certain benefits it would then be free.

The forms aren't difficult, you just need to check everything and have the right number of people doing witness roles.

You don't need a solicitor, you can do the forms and then send them to be registered. The person must have mental capacity though. The financial POA kicks in straight away, the health one only if they lose capacity. You will need to go to any banks involved if you want an attorney to be able to use the accounts. Worth doing, good luck.

Thanks a lot..I've had a look and unfortunately she would need a solicitor to sign to say she's capable and understands. She doesn't have anyone that's not a relative that would be able to do this.