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LPA or deputyship - Carers UK Forum

LPA or deputyship

For issues specific to caring for someone with dementia.
Hi, My father was diagnosed with vascular dementia in 2016. He is currently in a dementia care home close to me (a decision made by his children) and is self funding. Sadly my mum passed away whilst my dad was in a step down bed care home earlier this year. My parents shared their finances and we need to be able to access these to continue to fund dads care (he is in a self funding position). We are not sure if dad is in a position to grant an LPA or if we should go down the deputyship route. I have raised the issue of a mental capacity assessment with dad's GP but dont know if to ask them to see whuch of these two approaches is most appropriate for our dad. Can you help make a recommendation please if you have been in a similar position?
I'm sure others will be here with more experience, but if possible you must try to get a power of attorney, as your life will be much harder if the Court of Protection is involved. As the dementia is likely to get worse, try as soon as possible to have either the GP or a solicitor say whether your father is capable of granting a PoA. They will ask questions and decide for themselves if he seems to know what he is doing. It isn't necessary for him to be 100% conscious of what he is doing all the time, just to be conscious of what this granting of a power of attorney means. I don't think you need a special mental capacity assessment for this. I have no experience of the Court of Protection, but others here have. You may have to go that way eventually, but should start off trying to get the power of attorney.
Who is managing his finances at the moment? How?
Are you an only child? (More relevant than you might realise!)
bowlingbun wrote: Who is managing his finances at the moment? How?
Are you an only child? (More relevant than you might realise!)
Hi, My dad has 3 children. At the moment he has sole control of his finances. We got him to sign a direct debit to pay his care home fees.
Did he understand what he was signing, with regard to his fees?
If so, then it may be possible for him to sign a Power of Attorney. As other children are involved, make sure a solicitor is involved, to avoid any later recriminations or allegations. (My younger brother behaved horribly!)
A quicker route would be for him to sign a "Third Party Form" from the bank, so you could take over control directly - but as others are involved, make sure you give this option to them.
If the dementia is now deepening, he should not have any control of his finances. My dad was one of the government's top research scientists, a brilliant mathematician, but as his cancer progressed he lost his grip on finances and left a right pickle for me to sort out, as mum behaved like a toddler!!!
Worse, they can be cheated of their money. The father of a friend of mind lost thousands of pounds of savings to the 'very nice young man' who kept calling at the house, to 'discuss really profitable investment opportunities'....

The father could NOT believe it was a scam. 'But look at these very handsome brochures!' he'd say to his daughter, showing her the expensive documentation. He couldn't believe that a fake company would 'bother' to spend money on producing four colour brochures.....

It was really horrible. They got their claws in to him and sucked and sucked an sucked. My friend ended up being a witness for the prosecution.
Tim, not saying a GP wouldn't be usefull in assessing (or, ideally, saying yes he's fine, go ahead and get LPA), but I would also get him checked by a solicitor.

My MIL was never 'formally' diagnosed with dementia, but when I took her to my solicitor to get her to re-do her will under English law (she is Scottish, but was moving to England), after three 'opening questions' which MIL just couldn't answer (what's your middle name, the names of your two sons, and where are you living now?), the solicitor took me aside and simply said 'I'm afraid the Scottish Will will have to do!'

(That said, if you ARE worried he can't give 'informed consent' any more best just get on with it and you may just 'slip it through' in time....)

I agree pain in the neck to go down Guardianship etc etc. And expensive too.
Hi Tim
Different advice from me , depending on your circumstances but if no disagreements between sibblings then I definitely would not go to a solicitor or a GP for mental capacity confirmation. If they say no there is no capacity you are left with the only alternative of going for deputyship . This is more expensive, more time consuming, more invasive into private afairs, more onerous things for you to do definitely to be avoided if possible. The best advice I received was to surround myself with a team of trusted supportive friends. All you need is a witness to confirm that the PWD has capacity at the time of signing the forms and as you know capacity can be up one minute and away with the fairies another minute. Far better to get POA and be in control of what is going on.
Yes, that sounds right, Henrietta. If you can do it online and get confirmation from witnesses then it must be the safest way to go. I have not had that problem as my brother did a PoA years before we needed to use it.