How to get power of attorney for a seriously ill person

[MrsPotterings]

My brother is seriously ill, in hospital and unconscious. He lives on his own with this 16 year old DD so will have bills/mortgage payments coming in but is earning no money. His bank etc won't talk to me but I would like to help.

Is there some legal process I can go through to get power of attorney (I don't even know if that is the right name for it)?

You cannot get a Power of Attorney as he is unable/incapable of giving consent.

The alternative is known in England as deputyship, but it's a lengthy legal process - www.gov.uk/become-deputy

Sorry that I cannot be of more help; others with experience of alternative arrangements with, for example, banks may be along in time to respond.

You can only get power of attorney in advance of done one being incapacitated but you can apply to the courts to be their deputy. So sorry to hear about your brother. www.ecl-power-of-attorneys-online.co.uk/lost-capacity/?gclid=CjwKCAiA2fmdBhBpEiwA4CcHzUGOy2nSHqQsNIu78QdhbiYzlZJff9bf3qisvZgcHHcrboA_pTsdrxoCYTYQAvD_BwE

No I'm afraid not. Not whilst the Donor (your brother) is deemed incapable.
When he wakes up it may be a conversation worth having.
You could contact the office of the public guardian for advice?

You can’t because he’s incapacitated. This is why it’s so important to make these sorts of arrangements when someone is compos mentis. Sorry your brother is so unwell

As others have said you can't.

You need to contact the public guardian to get a special guardianship in Scotland or deputy in England

www.gov.uk/become-deputy

Is he self employed?
If not, phone his employer and ask how long sick pay is paid.
If so, try and find his accountant. Hopefully he has an ill health insurance policy you can claim against.

There was a similar thread recently. Hopefully you and your niece are ok.

You can't now he is unconscious.

You can apply to the Court of Protection for Deputyship - but this takes about 6 months and depending on your brother's illness may not be appropriate.

The most helpful thing you could do for your neice would be to contact Social Services and explain that she is 16, living alone with no access to money.

As other PPs have stated in England and Wales you cannot complete POA for him you have to apply for deputyship. Not sure where you are based? Can take approx 6 months for approval and cost us a pretty penny when we had to obtain it.

Are you sure he doesnt already have a POA set up? Do you know if he has a solicitor, if so ask them.

Im so sorry to hear about your brother’s plight. I hope he makes a recovery.

www.gov.uk/become-deputy/apply-property-financial-affairs-deputy

I believe it might take some time at the moment to obtain Power of Attorney because they are so busy.

I’ve just done it for a family member because I am confident about filling in forms. The paid about £84. I didn’t need a solicitor. I did a paper version and paid by cheque but it can be done online too.

It took about 12 weeks to come through.
Why not phone the office of the Public Guardian for advice?

It's a deputyship now he is incapacitated.

We are just in the process of signing LPAs and even they have 20 week wait for the stamping bit to be done.

So how do I stop his house being repossessed while he is unconscious? Given that is his daughter's only home and possible inheritance it's really a problem.

I assume you apply for deputyship and the bank have their hands tied too if the person "not paying" is incapacitated? Hopefully the account will have some money in it.

Does he trade through a company - is he the only director? Or is he a sole trader?

Or is he employed?

Sorry to hear about your brother, I advise you to speak to hospital staff, there will be hospital social work department.

will he have wages going in? Direct debits coming out?
you can help by caring for niece, depositing ££ into his account, getting information about his expected recovery process etc.

he may be entitled to benefits, as may your neice, her Mum around? Other family able to help? Can someone move in with her? Help with checking and opening mail.

very unlikely to get any legal authority at this time, that’s why it’s done in advance, a will written? Life insurance, etc?

try some independent advise (employers often have this, adult social care, CAB)

Thank you. Even though an interim order is a possible for the Deputy (I only found this out by phoning them) it seems that would still be months. I will have to think of something else.

What makes you think his house would be repossessed? That takes a long time and is usually a last resort.
The Council Tax needs to be reduced if your niece is staying there alone or house is unoccupied.
Have you told her school/college about the situation? She may need welfare support.

If you're afraid that the mortgage lender might repossess then I think it's vanishingly unlikely, but it should be possible to inform his bank of the circumstances even if they can't tell you anything. As long as they're informed of the state of play they can take his DD's circumstances into account.

Was he employed at the time that he was taken into hospital? Might he have sickness insurance or death in service benefit?

He sadly is self employed which means no money is coming in at all currently. Thank you for reminding me about council tax deduction. I am in daily contact with my niece's school.

He has no insurance either.

It turns that even if he wakes up and is able to sign a power of attorney document that also takes 6 months to come through!

The court of protection can make urgent decisions if someone is incapable