What do you do as attorney?

[user14932431]

Parent has dementia (at home with council carers). My sibling has active POA but isn't doing anything unless parent's GP phones them and asks for a decision on something. I worry that there are bills unpaid, money coming out that shouldn't be, benefits unclaimed etc. I think everything is on direct debits. They've not accessed parent's bank accounts or anything. I don't have POA or else I'd do it, tbh they are just lazy.

Please could anyone share what they manage and who you've informed about incapacity?

Also, does the bank etc still have any contact with your person with incapacity?

Thank you

No it was a new style lpoa.

so it kicked in straight away without needing a declaration of incompetency. They were able to go to the banks immediately and take over all their accounts.

OPG investigated but as donor was assessed as competent they were able to sign to withdraw the LPA and nominate someone else.

Unfortunately as they were competent the OPG cannot continue the investigation once the LPOA is withdrawn, so the sibling completely got way with moving tens of thousands of pounds into their own accounts.

always have more than one. Even the most trusted child can have their heads turned by access to a crapload of money.

Yep, I don’t disagree with more than 1, both my ds are named jointly as well as in my expression of wishes it refers to I state I want them to involve my SIL and niece in health decisions as they’re both in healthcare in nhs, and I want women’s opinions on matters of my care.

but, I guess if this was LPOA, and parent made that decision and OPG ruled not dodgy, then it’s on the parent own decision to have made a dodgy choice and go along with it whilst competent. I guess the point of of the LPOA, is that wishes of donor must always be upheld and even if totally crap, unless they’ve medically been determined to be mentally incapacitated.

but not easy for you. And for most not a risk we’d want to take

I’d add though, that ven under LPOA, it doesn’t automatically kick in immediately…ONLY if the diner has stipulated task to kick in immedately it’s registered . So, definitely the parent has been the victim of their own poor decision in writing that in LPOA. I assume there must have been good reason for them to have made the decision at the time

When I had with it my late Mum - the key thing was to inform the bank so you could get control of the bank account. They gave me a separate access into her account and a chequebook which stated it was POA. This was important when she eventually went into a care home - as self funder you pay an upfront 1 month before they enter the home. Also towards 'end of life' we put in place a funeral plan so that the CH knew which Funeral Directors to contact (They wanted a copy of the LOA) I had to keep a excel going of where all the expenditure was going so should there be an OPG investigation - my dear late Mum was only in a CH for around a year - but the bills rack up and you need to evidence it.

This is the thing. It wasn’t the parents decision. They wanted all siblings as POA.

one sibling downloaded the forms from the internet. Here mum, sign this so I can help you with the banking and your bills, friend as a witness, job done. Off to the bank when it’s authorised, no one checks with the donor if they are happy having a POA added.

mum didn’t even know she’s signed a POA.

however proving that was impossible, as the sibling insisted her mum had forgotten.