Advice on Power of Attorney.

[Shakey1500]

Hi, I have an elderly Aunt (I'm her only living blood relative) whose health is rapidly deteriorating. She lives in a flat within a nursing home the fees of which are paid by the council (I think). I have only re-established contact with her over the last four years. She lives a fair distance away and it is difficult for me to visit often.

When I have visited, communication is very poor on her behalf as she is quite often confused. It is difficult to converse with her about anything :(

I have been contacted by a lady in Social Services with regards to her general welfare but specifically her finances. Previously the nursing home staff were able to escort her to the bank to withdraw funds to pay for food and her immense cigarette habit. This is no longer possible due to her ill health. The SS have suggested that I persue Power of Attorney but my knowledge of this is basic (as in, I know I would have control over her finances and the distribution of them) but how do I go about doing it? What else does it involve? Just to add I have absolutely NO idea of her financial situation.

I would be grateful for any pointers/advice
Thanks in advance

I am not a lawyer, but did this for my dad in his later years. You need to ask a solicitor to draw up a Power of Attorney, which your aunt will need to sign (and a witness will need to sign that she has signed it willingly and in the knowledge of what it means).

If your aunt is not capable of understanding what she is signing you need to apply to the Court (used to be Court of Protection, but I think it may have changed its name) - the court will I think assess whether you genuinely have your aunt's best interests at heart etc etc. I think this can be a long process, so if your aunt's mental capacity is reducing, it would be easier if you can do it asap. Hope that helps.

Whether power of attorney could be obtained depends on her level of confusion. If she appears very confused or to have been coerced by someone into making the application, it would not be granted.
Useful info from the Alzheimers Society
Further advice via the Ministry of Justice website

The law changed in October 2009 and the process that BarnMummy describes is no longer available.

If your aunt still has capacity to understand what she is doing she can execute a Lasting Power of Attorney. This needs to contain a certificate to the effect that she has capacity. Normally if a person is young-ish and appears quite compos mentis I would act as certificate provider (as a solicitor) but anyone who is elderly or where there is even a 0.5% question mark over their understanding, I would ask the GP to sign the certificate to say the person has capacity to grant the power.

The power must then be registered before it can be used. This was not the case with Enduring powers (pre-October 2009). The registration can take up to 6 weeks as the Office of the Public Guardian are very busy.

Once registered, the power can be used even after the person has lost capacity to understand their own affairs.

If your aunt has already lost capacity, you would need to apply to the Court of Protection to be appointed as her Deputy.

There is more information about all of this on www.direct.gov.uk/en/Governmentcitizensandrights/Mentalcapacityandthelaw/Makingarrangementsincaseyoulosementalcapacity/DG_185921

Happy to try and help if you have specific questions. This is a very very basic summary only.

Thank you so much for your replies. I have a meeting with a lady from Social Services alongside my Aunty tomorrow and I will update after (and probably have a million questions) thanks.

It would seem from the visit that I will be applying, as you mentioned emsyj for Lasting Power of Attorney. Not so great timing over Christmas but I will get in touch with the office tomorrow.

emsyj am I right in thinking that this will involve many forms to fill in, one being which my Aunty signs in front of a witness? Once registered will I receive paperwork naming me as able to go to her bank and set up direct debits etc? I ask as there are problems with her finances that need urgent attention. She has assistance from Help the Aged but, at present, I am unclear as to the extent of their involvement thus far and am keen to get to grips with the current situation.

Bless her, she can be fiesty when she wants as I discovered the other day! Smoking is THE last pleasure she has but the home she is in (not council run as I thought but funded entirely by my Aunt) cannot accomodate her immense habit. They have gone over and above their remit as they are really fond of her but H&S dictates otherwise and they have their jobs and the other residents to consider. My Aunt however, is adamant she is not going anywhere, so we have a battle on our hands to sort that aspect out also.

Thanks again