Applying for benefits but no mental capacity

[MixedPeel27]

Dad set up POA years ago but it was not registered so we are waiting for that to be done now.

In the meantime we need to apply for benefits but he doesn't have mental capacity. However, he can sign a form if I put it in front of him.

Will it look dodgy if we do this? - if he later has an in person assessment it will be instantly obvious he has no idea what's going on or what he signed

@MixedPeel27 my husband has just gone down that long road for his Mother. Has your Father been assessed for his mental capacity? once he's had that, then social services will be your friend, it all starts with them. Once they are notified, then they will ensure all benefits and help will be given to your Father. POA is helpful with Doctors etc as they don't want to talk to you without POA. Everything relies on the assessment in our experience. For useful good advice contact your local Age Concern, they really are helpful, even filling in complicated forms for you. Good luck

Thank you so much for this - we haven't had any contact whatsoever with the LA yet, it's all been a bit topsyturvy.

He has just gone into a care home privately funded (for now) so we have sort of bypassed all help and services and are now backfilling.

LA is my first phone call tomorrow to get things moving and request an assessment etc but I'm concerned that it may be weeks / months before anything happens as he isn't an urgent case.

@MixedPeel27 your Fathers GP is the one you need to contact. Husbands Mum had to have a blood test before the GP would refer her for assessment, that was our experience and it was a long hard road. But in our locality it all stemmed from the blood test and assessment, it may be different where you are. Is there anybody in his home that can help you? The POA was very useful with the GP, bank and accessing attendance allowance application. As we said Age Concern were brilliant, also Citizens Advice Bureau were also very helpful. They'll both support and advise you.

Thanks so much.

I'm going to the home tomorrow so will start with them - they must see this problem all the time. Then I'll contact LA and possibly GP directly.

It's all so hard isn't it?

It's really tough. The hardest part was actually getting that damn blood test, I suggest you try and push for that. After that everything seems to slot into place. We didn't know anything! Good luck with everything 🤞

Attendance Allowance is for people over 65 who need additional support. If you ring up DWP to request a form, you can explain that your dad won't be able to understand it to sign. There's usually a section to complete if you are filling out the form on behalf of someone else.

You can be his appointee for a benefits claim. https://www.gov.uk/become-appointee-for-someone-claiming-benefits

I don't think you can register POA for someone who doesn't have capacity, I think you would need Deputyship

You can register POA for someone who doesn’t have capacity. Registering is the process of taking the already signed forms and posting them to the OPG to get the stamped copy that banks etc will accept.

What can’t be done is for someone without capacity to draw up a POA and sign it.

This is exactly what POA is for. The forms need to be drawn up when the person has capacity. The POA is then usually registered when the POA needs to be used, typically when the person loses capacity to manage their own affairs.

Thanks, I understand now. I was thinking of starting the process from the beginning but this is putting it into action.

If he can still sign his name then get him to sign the forms. Explain them to him obviously, ideally with someone else there. You are after all acting in his best interests, so I don't see the problem.

With my mother (vascular dementia) we activated the POAs when she couldn't sign her name any more. She'd start and do the first few letters but couldn't remember how the end went. That was a very sad day.

Oh and find out what the situation is with his GP until the POA comes through. My dad's surgery wanted him to sign a form giving his consent for them to be able to discuss with me. Once my mum was in a nursing home, it didn't seem to be a problem (same surgery). I had her health and welfare POA anyway, but on a day to day basis the home spoke to the surgery and dealt with everything. I didn't have to do anything really other than (in accordance with her earlier wishes) state she wasn't to be admitted to hospital if it couldn't be treated at the home.