We would like to know if we can still get a power of attorney?

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Post by Guest »

My mother in law is in a care home she nas been there for 4 years now. Social services took her to court with our permission and she was put in the home for her safteythey appoined someone to look after her interests and I have now been appointed by social services.

Departmrnt of work and pensions gave me permission to cash her pension and it is now paid into the bank. The bank gave me a bank card to use for her clothes etc.

Hubby and I have always paid monthly for 15 years now a sun life over 50 insurance.

We would like to know if we can still get a power of attorney?

There are 4 other siblings but no one visits her we visit. at least once a month. she has dementia.. Thanks everyone.

Post by Stephanie »

You cant get power of attorney if the person doesn't have mental capacity to consent. You can be appointed a deputy for them by the Courts of Protection. Your best bet would be to speak to Adult social services and see what they can advise.

Post by Culshaw »

There are different types of capacity, if she has an understanding around her finances and home then she is fine to choose who she would like to appoint. Older people can lose capacity in one area say personal care but still be able to understand about their money home etc

Post by Sandra »

As others have said, depending on her capacity, you can get power of attorney for her.

Establish if she has capacity - her GP would be the first port of call for this, (the care home will have the details of the GP covering residents).

Don't pay a solicitor, to do the power of attorney. Go through the forms online (make sure you're on the government's own website and not one of the many others trying to make money from you)

I have done 3 of these online myself in the last few years, from memory it's £85 each - you'll see all the info on the government's website.

If there's a possibility she DOES still have capacity as declared by the GP, apply for the power of attorney asap before her dementia worsens.

Post by Becci »

She would have to have mental capacity in the area of understanding what a power of attorney is , and who she would want to nominate to manage her finances/care (there is finance and care one)

If not then it would need to be court of protection, where a court nominates someone (could be you) to work in her best interests court of protection is a more lengthy and expensive process, but worthwhile if there is property or large sums of cash involved. Have a read upon gov.uk website about LPA. People sometimes appoint a solicitor to help them. There is additional cost for this over doing it yourself, but I think that as your mother in law has dementia to a degree that requires her to live in 24hour care, then this may not be straight forward in terms of the need for a capacity assessment. X X good luck with it. She is lucky to have you helping her so much
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