Lasting Power of Attorney

[peridito]

Where someone has LPAs in place for health and welfare and finance registered what is the process for determining when they are deemed to have lost mental capacity?

What happens if the donor (correct term?) disagrees with their attorney's views over something but lack confidence to challenge ?

capacity is time and decision specific.

It's rare that I would blanket statement say that someone has 'lost capacity' because even people who are no longer able to make the big decisions often still retain the ability to make day to day decisions such as what to wear, or eat, or watch on telly.

The point of the LPOA is that it is given to someone you would trust to make decisions on your behalf. If that has turned out not to be the case then there are steps to rescind it.

If there is a concern that an attorney isn't acting in the best interests of the donor, or misusing their LPOA then this can be referred to the office of the public guardian to investigate.

depending on the situation it may also be a safeguarding vulnerable adults issue that the local authority may be interested in.

The donor is assumed to have mental capacity unless it is proved otherwise. The Mental Capacity Act sets out the test for whether someone does have capacity. The fundamental question is whether the donor can understand the relevant information, retain that information and use it or weigh it up in the process of making a decision. This should be assessed by the donor's doctor or another medical professional.

If the donor does not have capacity, their disagreement with their attorney is irrelevant. The attorney's views prevail.

If the donor still has mental capacity but the attorney is acting without the donor's consent, the attorney is acting unlawfully. If the donor is unwilling to do anything about it, others who have concerns can report the matter to the Office of the Public Guardian. They will investigate and may take action against the attorney.

Thank you .It's so difficult ,the donor doesn't always give the most accurate descriptions of events ,her personality I think rather than capacity .And I don't know her attorneys that well .

I'll have to spend some time with the person in question to get a better feel for what is going on .

As always, prh47bridge has nailed it. If you are concerned that the LPA isn't being used in the donor's best interest, you should report to the OPG.

Thanks Mumble . I'm going to visit the donor and stay a few days to help me assess the situation .

The OPG are really helpful and will get someone to call you to chat things through if you are worried about a donor.