power of attorney

[spudsmum]

Hi all! really after some support and guidance please...
My dad is 73 and has been diagnosed with vascular dementia, he has some reallygreat days and other days are frightening to say the least! He lives on a warden controlled estate and we have carers in attendance 3 times a day.
We were advised to get POA in place when he ws diagnosed and my brother has now eventually agreed.....however he has convinced my father it is simpler if he is sole attorney and that i am replacement attorney.
I feel quite pushed out and feel totally helpless. I live 10 minutes away from my Dad and see him as much as I can with a young family of 3! my brother lives an hour away and sees him as and when he feels like it.....my father does not have a will either.
can anyone tell me in simple terms if I should be concerned and what the POA means exactly. Mybrother has informed me has done it this way so as not to over complicate things and to keep the paperwork down.....
Maybe I should also point out my brother and I do not always see eye to eye, he was the executor for my mum when she died and never operated her will. my mum wrote her will in Scotland but died after moving to England, and he refused to even let me read her will, so I am sure all can see my concerns.....
Anyway and simple explanations and recommendations would be gratefully received.

[enaid]

Re: power of attorney

Firstly may I say I am pleased your dad is in receipt of care and is living in a far safer place than he would be living on his own, that in itself must be a great relief for you.
My dad has Alzheimers and am scrapping like hell for him to get some help, but as you will know the illness itself causes many problems as the person is often irrational and not knowing what is best for them.
My sister and I have a joint LPA (Property and Financial Affairs)with my father, I did it on line at a cost of £120 not difficult if you read all the information provided.
This means that if need be we can access his money and also deal with any matters with the bank, tax people and DWP etc.
Your brother would have himself as attorney and you replacement so you would only be able to make decisions for your dad when your brother can not.
As ours is joint my sister and I both get bank statements same time as dad, we have never touched his money so far but I have dealt with the bank, tax, DWP and insurance matters on behalf of my dad with no problem as long as they have proof of the LPA. The only reason I do most of the things is because my sister works and I don't so much easier for me time wise etc.
I suggest your dad does make a will if he can. If you go ahead with the LPA and are going to do it yourself I will help if I can as I said it is not difficult as long as you follow the information provided and you can download the form.

Have a read here http://www.direct.gov.uk/en/Governme...head/DG_186373

Enaid x

[enaid]

Re: power of attorney

If your dad lives on his own and is not already exempt from Council Tax then no Council Tax is payable on a property occupied solely by people with a severe mental impairment.
A form for this if you need it can also be down loaded then signed by your dads GP or Specialist, it will also be back dated to the date he was diagnosed.

[spudsmum]

Re: power of attorney

Thank you for your response. I want joint my brother meanwhile thinks it is hassle and should just be him.......my poor dad meanwhile feelsquite unsure and confused. Council tax sorted as gets pension credit which means No fee either. Think will talk to my Dad again.

[enaid]

Re: power of attorney

There is no hassle, it just means both of you can see what,s going on with your dads affairs

[spudsmum]

Re: power of attorney

have told my brother that should be joint lpa, he disagrees and thinks i am complicating things. so upset as dont know what to do for the best. can i stop my brother getting lpa?

[Hurricane Puffrose]

Re: power of attorney

hiya,

Please accept these links

http://www.ehow.co.uk/how_5673158_co...-attorney.html

http://www.direct.gov.uk/en/Governme...city/DG_185921

please note, from looking for this for you, did you know..

What is a Health and welfare lasting power of attorney?

A “lasting power of attorney” is a legal document in which you appoint someone to make decisions on your behalf. The person so appointed is referred to as an “attorney”.
There are two types of lasting power of attorney, a “health and welfare lasting power of attorney” and a “property and financial affairs lasting power of attorney”. In the case of a health and welfare lasting power of attorney, the attorney is granted the power to make decisions about your health and welfare.
What sort of decisions can an attorney make?

The sort of decisions an attorney can make will depend upon what powers they have been given in the health and welfare lasting power of attorney.
An attorney may be given the power to make decisions in relation to any or all of the following matters:
What medical treatment you should have or not have;
Whether you should continue to live in your own home or move into a residential care home;
What type of health care you should receive;
What diet you should have;
How you should be dressed;
What your daily routine should consist of.
Any decisions made by an attorney should be made in the best interests of the “donor” (the person who made the lasting power of attorney).
What sort of decisions can an attorney not make?

A health and welfare lasting power of attorney does not give your attorney the power to make decisions relating to your property and financial affairs. If you would like your attorney or another person to take responsibility for your property and financial affairs a property and financial affairs lasting power of attorney will be needed.
Can anyone make a health and welfare lasting power of attorney?

A person must have the “mental capacity” to make a health and welfare lasting power of attorney for it to be valid. They must also be at least 18 years old.
For a person to have the required mental capacity they must be able to understand and remember information for long enough and be able to weigh up information to enable them to make a decision. They must also be able to communicate in some manner.
When can a health and welfare lasting power of attorney be used?

A health and welfare lasting power of attorney cannot be used until it has been registered with the “Office of the Public Guardian” and until you have lost the mental capacity to make your own decisions.
How do I make a health and welfare lasting power of attorney?

To make a health and welfare lasting power of attorney you must complete a “lasting power of attorney form”. A copy of the form can be obtained from the Office of the Public Guardian or can be downloaded from their website.
Our article called “lasting powers of attorney” provides guidance on completing the form.
When should the health and welfare lasting power of attorney be registered?

A health and welfare lasting power of attorney cannot be used until it has been registered with the Office of the Public Guardian. You can apply to register it as soon as you receive it or you can leave it to be registered by your attorney as and when the need arises.
How do I register a health and welfare lasting power of attorney?

To register your health and welfare lasting power of attorney you will need to complete 2 forms and send them to the Office of the Public Guardian together with a fee to cover the cost of registration and the original health and welfare lasting power of attorney form. The forms can be obtained from the Office of the Public Guardian or downloaded from their website. Details of the fee can also be found on their website.
The forms which need to be completed are form LPA001 (“notice of intention to apply for registration of a lasting power of attorney”) and form LPA002 (“application to register a lasting power of attorney”). Our article called “lasting powers of attorney” explains more about these forms.
Assuming that the forms have been filled in correctly and no one objects to the registration, the health and welfare lasting power of attorney will then be registered.

[enaid]

Re: power of attorney

have told my brother that should be joint lpa, he disagrees and thinks i am complicating things. so upset as dont know what to do for the best. can i stop my brother getting lpa?

It is for your father to decide who is given Power Of Attorney, if you read the information I gave you in the link you will see there are measures that help make sure your father is not doing it against his will, that he has mental capacity and that people can be nominated who can object to the LPA.

[spudsmum]

Re: power of attorney

Now argueing with delightful brother! have signed forms as do not want to stress my dad anymore. so i have now said when poa granted i stop all help, so when they call in the early hours i shall inform them they need to call my brother, when he has post i shall not touch it....so sad but i shall be stubborn. i have told my dad that he must do his will in the next 6 weeks before poa granted as do not trust brother. can anyone suggest a good lawyer who may do home visits in leicester area? thank you

[spudsmum]

power of attorney

can anyone give me a clear and simple idea of what power of attorney means please? my brother is refusing to do a joint poa for my dad and we are now at loggerheads. my father is in hospital and a section 2 and 4 have been raised. my brother meanwhile is now pushing for paperwork to be signed.....need to point ot my brother lives over 100 miles away and i live 15 minutes away.
my brother never comes to see dad and expects me to do everythingelse, ie hospital visuts,doctors, banking etc....ie all the emotional baggage etc.
can i tell him no legally as he will be sole poa? i am replacement......what can i do or not do if poa is in place? thank you

[CYNthesys]

Re: power of attorney

Hi does you dad have the mental capacity to understand that in granting a power of attorney he is authorising his attorneys to act on his behalf in dealing with his assets and financial affairs.

If he doesnt have the necessay capacity to understand this a Power of Attorney cannot/should not be drawn up, and a Court of Protection application is necessary if he has assets other than social security benefits

[spudsmum]

Re: power of attorney

i would say he does not have capacitybut my brother has had the papers drawn up by his solicitor boyfriend. my dad is in hospital but last night when i saw him he believed we were in a quiet country pub! can i stop this? my brother is trying to rush this through so it does not reach the court part....

[CYNthesys]

Re: power of attorney

Hi again

Does your dad have assets that need protecting?

As you dad is in hospital under a section does he have an approved social worker that you can have a word with.? If he doesnt you could have a word with his named nurse or his consultant.

It might also be an idea to send a letter to the Court of Protection putting them on notice that your dad is detained in hospital under a section, and that you believe he is incapable by reason of mental disorder of managing his property and affairs, and that a relative is "pushing" for a POA to be drawn up naming the relative as the sole Attorney.

Hope this helps, let me know if you requires further assistance.

[spudsmum]

Re: power of attorney

i am expected to sign the forms as i am the replacement attorney! should i sign? i hate fighting and this is breaking my heart. if poa goes into place can i refuse to do anything? my brother has informed me nothing changes as i am his daughter and next of kin.....so i will be called for any emergency, i can get his money out for him etc etc...just need to know exactly where i stand etc..
thank you for your support.

[CYNthesys]

Re: power of attorney

If your dad has already lost capacity and is unable to understand the need for his affairs to be administered, it is too late to have a POA drawn up. If your brother goes ahead with the POA it could well be deemed invalid. Personally I would refuse to sign.

In circumstances such as these, if there is no exisiting valid POA in place no-one has authority to deal with his affairs and an application ought to be made to the Court of Protection for a receiver or deputy to be appointed.