power of attorney

[spudsmum]

Re: power of attorney

what would happen then? my brother wants the powerwithout the emotional responsibility. i wanted joint but he argues that we would not make a decision as i am so stubborn supposedly. he actually upset me and has made me so stubborn when in anger he told me i would fritter his money! he does not have vast amounts but enough to give a poorly paid carer a good holiday....carers going in 3x a day and he keeps his cards and card numbr together coz he cannot remember it! i raised concerns and now brother is pushing for poa......grrrr really dont know what to do next for the best

[CYNthesys]

Re: power of attorney

The rules used to be that if a person lacking capacity had not made an Enduring Power of Attorney and had assets over the value of £5000 (dont know what the current threshhold is) no-one has authority to manage his property and affairs without the Court of Protections consent.

If your dad has already lost capacity a POA could not be validly created and any dealings in your dads property and affairs by either yourself or your brother would be deemed unlawful. I wouldn't risk it and would seek urgent help from either his social worker, named nurse, consultant, Court of Protection or the Mental Health Advocacy Service. The MHAS London telephone number is 0208 969 3000, if they cannot help they should be able to direct you to a local MHAS advocate

[Nikolai]

Re: power of attorney

It is right that if capacity has been lost a POA should not be signed. I think the advice you've had in this thread is correct and you shouldn't sign if you believe your dad doesn't understand the nature and effect of a POA. Don't feel pressured by your brother, it's not a question of co-operation, it's a matter of complying with the law. Seek professional advice so you know the right course of action to be taken. These situations are never easy or straightforward as close family is involved and emotions run high so it's all the more important to act properly so you can't be criticised later on.