Two separate requests for emergency power of attorney

[MandaLynn]

Does anyone know what happens if two separate people apply for emergency power of attorney over someone (in a critical health situation)?

Ie. Granddad is in a critical situation - Both one of his adult children and his partner (of 3 yrs, unmarried) want to apply for power of attorney.

There can be 2 POA.

They then either act separately without the other persons agreement, or jointly with the other person. This is decided by the donor (ie Grandad).

From the website:

If there’s more than one attorney, check whether you must make decisions:
• separately or together (sometimes called ‘jointly and severally’), which means you can make decisions on your own or with other attorneys

Or

•	together (sometimes called ‘jointly’), which means you and all the other attorneys have to agree on a decision

But just to be clear, the POA can only be applied for if your Grandad has full Mental capacity to make this decision. If he is very unwell and unable to fully understand the process, then it can't be done.

If there is a dispute, then the office of public guardianship can do an investigation, but this takes months.

The problem is that they are not wanting to do it together- the partner is wanting to do it to keep the decisions herself

I think it's actually a deputy court of protection they would need - as he has no mental capacity now

Everything gets messy when money is involved...

If he does not have capacity then they cannot apply for POA.

@Fuuuuuckit Yes, I think it's actually a deputy court of protection that they need.

But the question is still the same - what happens if two people apply, against each other? Assume neither would be granted until it went through the courts, which would take months?

Why don't you want the partner to be deputy? Are you suggesting they're not trustworthy or lack capacity?

Who is his next of kin.
I would have thought the partner may find she has no legal standing if they are unmarried.
I would have thought a child would have more sway at this point?? No idea if I’m right though.

I’m currently doing this for my stepfather. It’s very complex, takes months and is expensive. Why do they both want to apply separately?

Trying to be vague, so as to not be potentially outing.

Essentially the partner has made comments which make it quite clear she is only concerned about the money. We've now lost all trust in her.

I am hoping that as they are unmarried and only been together for a couple years, she wouldn't actually have any standing in requesting anything,

Even if she gets it, she must be accountable for any decisions that are made. She must keep accounts etc, which can be questioned.

Any decisions made by a deputy must be in the best interest of the vulnerable person. Finances are all monitored by the court. So it isn't a good way to take advantage of someone without capacity-- but people do still try.

Does he have a will? If not, once he dies his money will be distributed under the terms of intestacy. Have you looked at the application for Deputyship? It’s complex, needs the Deputy to give valid reasons why they want to apply, they have to have a financial assessment themselves. Without meaning to be harsh, is he expected to live much longer?

Deputyship is a long process even without a dispute thrown into the mix.

You can register your concerns with the office of the public guardian. They won't just blidly hand out deputyship to anyone that applies for it.

If you have concerns he is being taken advantage of financially report it to adult social care in the local authority he lives in.

What is the critical situation that requires someone to access his money?

@Soontobe60 He does have a will. The concern from his family isn't really around money - more in making medical decisions. Whatever the will says, happy for that to be followed when the time comes.

My concern is that his partner is living off his money - so that's what her focus is

How is she accessing his money? If she’s dipping into his bank account I’d contact the bank and let them know that he no longer has capacity and a third party is accessing his account without his permission. That should be enough to put a block on her accessing it.

The deputyship is highly unlikely to give anyone the power to make medical decisions.

If its a joint account there isn't much you can do. If she is accessing accounts that are solely in his name and its unlikely he would have given permission for this if he still had capacity then report it to safeguarding.

If there is a genuine financial risk then the local authority may make an application for a 3rd party deputy to be appointed (usually a solicitor).

What does your grandad want to happen?

The court of protection will not grant attorney for Health and Welfare. That has to be done while the person has capacity.

The hospital will seek input from family in the patients best interests with medical decisions so you should be involved in this if you are close family