POA - can this be used to keep somebody away?

[Parkingmoan1]

Long story short, I have a loved one who is early on in their recovery from addiction. They are very vulnerable and have a combination of LD's and MH problems.

I am in beginning thr process of applying for POA, with their consent, as they're unable to manage without significant support.

Could I use my (hypothetical at this point) POA to ensure a particular person stays away from them and vice versa? It might sound draconian but said person really drags them down, manipulates them and encourages their addiction. Unfortunately my loved one is unable to see how damaging this person is.

There's nothing the police can do as it isn't a crime, but a huge issue within the family.

Thanks in advance

Not if they have capacity as far as I know?

No you could not.

very specific powers that a POA give

your lawyer will talk you through them

but 100% does not include this

And when you say “applying” what do you mean? There is no application process.

it is something that an individual sets up and names someone with POA

You don’t “apply”

Bad wording on my part.

What I meant is we have just got the forms.

Ok.

well in answer to your question - categorical no

Thank you all, that's helpful (but frustrating)

I'll have a chat with adult social services who are involved and see if there's anything they can do but probably unlikely.

Actually you can write in the power to decide with whom person spends time. But they would have to consent freely to this power.
also in applying your powers you have to take account of the principles of following their wishes past and present as much as possible. So, no, I think you’ll just have to keep talking to them!!

There are two types of LPA. Property and finance has the facility to allow you to act on their behalf immediately (if they so wish) with their consent.

The health and welfare LPA can only be used when the person has no capacity (either through mental decline or physical incapacity).

@Lougle there is a health and welfare POA

however it would not allow for this scenario

Oh apologies

I have all three in relation to my uncle.

He has dementia. He has limited capacity but not no capacity.

whilst we knew his strong desire to stay in his own home, we used the Health and welfare POA powers to move him in to (an incredible) specialist dementia unit and he’s thriving

We had this issue with a relative. No poa in place as she didn’t have capacity but it was raised as a safeguarding concern with the police. (They suggested it)
if we saw them round her flat we could call the police liaison to have them removed.