Power of attorney for elderly relative

[Legiquette]

Hey,

Would someone be willing to brief me on how this works, costs involves and whether it sounds like it would be appropriate for this particular situation?

I have an elderly, mentally ill (been registered disabled for decades), very close relative who I would consider vulnerable, and in some ways very naive. I've recently become involved in some of her financial affairs which have been poorly managed and she currently stands to (potentially) lose a whole lot on account of the manipulations of a trusted acquaintance. I've encouraged her to seek legal advice, which she has now done although the intervention could be too late.

Partly due to her mental health condition she is very easily stressed, hates confrontation with people she's not well acquainted with and has a tendency to not want to deal with things considered "too much bother". An example: I made a complaint on her behalf when she was at hospital about the staff and requested they follow up with me not her. They followed up with her despite this and of course she said everything was more or less fine.

There are things she's requested I deal with which she can't/doesn't want to deal with directly and when she does deal with these types of things herself people have a tendency to walk over her. There are things I don't really feel she's safe to deal with on her own e.g. I'm having to go through the solicitors terms for her because she wouldn't fully understand everything on her own.

I'm considering discussing power of attorney with her. Does this sound like it could be appropriate? Would it enable me to deal with these things on her behalf directly/buffer against some (unknowingly) unwise decisions?

Thanks

[Peridot]

Re: Power of attorney for elderly relative

Hi again,

First and foremost this is down to your relative and totally their decision. I appreciate we often feel the need to assist but it may not be what they want. If a person has sufficient mental capacity to deal with their affairs what they then decide to do, irrelevant whether we feel it is appropriate or not, is still their decision.

I would say it may be worth contacting a local law firm, with their consent, to arrange an appointment for the lawyer to discuss the matter with them. They will be in a position to assess whether your relative has sufficient legal mental capacity to instruct them on what they would wish to do. They also have to be certain that the decision is theirs and that there has been no pressure or undue influence placed upon them to take the action.
Your relative may not want anyone appointed as their attorney, but if they do, who this will be, must be their decision.

If your relative is not assessed as having sufficient mental capacity to make such decisions then a Court of Protection application may be necessary to appoint a deputy to act on her behalf.

Further information concerning what Lasting Powers of Attorney are and how they are created can be found here: https://www.gov.uk/power-of-attorney

I would recommend with the mental health issues your relative is suffering from, that this is dealt with by lawyers to ensure that if questions were raised at a later point, concerning capacity issues when the Lasting Power of Attorney is created, there will be the correct evidence available to show this was not an issue.

An assessment would be carried out by the lawyer and if needs be, a medical report obtained from the GP to show the person had capacity at the time of creation of the LPA.

Sorry if this sounds harsh and I'm sure you only have your relatives best interests at heart but if a person has the capacity they are entitled to do what they wish with their money, even if we may not think it is the most appropriate way to deal with things ourselves.

[Legiquette]

Re: Power of attorney for elderly relative

Hi again!

Thank you for your advice (sorry for the v. late reply)