Can my elderly DF remove me as LPA?

[GreenTiles22]

I have joint LPA (both) with my brother for my Dad

His partner wants us removed and for her to take it on. We don't believe she is capable as has serious health issues herself (has barely the house for 5 years) and is very greedy with money. We think she would spend all of his savings on tat. There is history or emotional abuse from her towards him. It's not a nice scenario but that's where we are.

Can she bully him in to getting us removed as POA and adding her? He has told me he is happy that I am POA, but then his partner appears and goes on and on and on about it until he changes his mind and asks me to remove myself and my brother.

My DF has early stage of dementia and mobility issues. They cannot look after themselves so they have carers daily to make sure they're ok, clean and fed. However his GP has just assessed him as being able to make his own decisions, much to his partners delight as she is now saying he can remove me and my siblings.

I'm worried he'll just do it and then she'll be in control. We don't believe she has his best interest at heart, and in any case it's possible she will die within the next couple of years due to her health condition, whereas my DF is not in ill health apart from early dementia.

I don’t think she can tbh. LPA is added when the person who needs care is of sound mind, I think she’d struggle to get his own daughter to be removed.

If he’s been certified as being of sound mind and able to understand the consequences of his decisions then yes. However you can write informing the opg of your concerns.

See the govt website for full and clear information.

If your father has capacity as assessed by his GP then he can remove you. An LPA, once registered only comes into effect when someone loses capacity. Until that time, they can donate and withdraw LPA at any point. If he retains capacity there is no need for an LPA to act at all. All decipher is capable of making remain his to make - even if he chooses unwisely.

If there is a dispute, the Office of Public Guardian can appoint a deputy to make decisions. If capacity is uncertain you could perhaps approach an IMCA at the local authority for advice.

Have you checked that the capacity decision is related to the POA? Capacity for making day to day living decisions can be different from financial long term decisions, and capacity is assessed differently for each decision...

Sorry. All the time he is capable of making decisions, even if support is needed to help him decide, the right to appoint or remove nominated LPA sits firmly with him. It is not for you to determine what is in his best interest in terms of who should have his LPA. It is irrelevant that someone he chooses is not in best of health.

If you believe she is being abusive, you can refer to the adult safeguarding team. It would be unusual for his partner to be bypassed in decision making..

There is no ‘of sound mind’ where mental capacity is concerned. Each decision is considered individually. The assumption is that someone has capacity, unless there is evidence to the contrary.

I work in this area and @cherrypavlova is spot on with her advice.

An LPA, once registered only comes into effect when someone loses capacity. Not quite true. The Finance LPA (though not the Health one) can be written so it can take effect while the person still has capacity.

Yes, that’s true but the donor retains the right to remove the LPA, if they have capacity to make that decision.

Yes, that’s true but the donor retains the right to remove the LPA, if they have capacity to make that decision. Yes, absolutely. And I know what I said wasn't strictly relevant, but recent conversations on this board have indicated there are a lot of people who think that LPA Finances is once and for all, and involves handing over your money in its entirety, whereas it doesn't necessarily. It can be written to allow, for example, the attorney to handle long term savings and large expenditure, while the donor continues to manage their day-to-day spending - or simply to allow the attorney to handle those aspects of their finances they find confusing or tedious, even though they still have capacity to deal with them.