power of attorney

  martd7 13:37 02 May 2014

My dad has had a form of dementia for a year now its taken until now to get a positive diagnosis so he can have medication.

Our solicitor and the social services adult protection duty manager have both advised i cannot apply for power of attorney by definition that dementia means dad has no mental capacity,would have to apply for court deputyship,another solicitor says we can apply for POA

we should have sorted this earlier but it was the last thing on our minds when everything else was going on,anyone else had this situation?

  rdave13 15:06 02 May 2014

Can't advise, obviously, as you will need a solicitor for this, but these two links might help clear the situation for you.

Lasting power of attorney

Court appointed deputy

  john bunyan 15:12 02 May 2014

These days (in England) a person has to have the mental capacity to give someone a Lasing Power of Attorney. If the person does not have such capacity, then the alternative is to apply to the Court of Protection to be appointed as a deputy. Some years ago, when the wording was different, my wife's mother gave her power of attorney , and a doctor and manager at the hospital had to certify that she had the mental capacity to understand the implications. The second solicitor you met appears to be wrong. See here for the Government paper on this matter.

Court of Protection and here CAB advice

  fourm member 15:48 02 May 2014

My understanding is that your solicitor is right.

The giver has to have the capacity to show they know what they are doing.

That's why my wife has just given me a lasting PoA for her so there's no possibility of a court deciding what care she should have.

This is another area where England & Scotland are different. I may be wrong but my reading of the Scottish situation was that there was no deputyship option.

  martd7 18:19 02 May 2014

Rdave 13 thanks

jb - couldn't have put it better myself

fm - my understanding as well

thanks all

  rdave13 18:43 02 May 2014

I sincerely hope you get it sorted swiftly in your difficult time mart7.

  martd7 18:59 02 May 2014

From what's been said to me by my solicitor and social services and replys on here it cannot be done,dad doesn't have the capacity i know that,thanks

  Al94 20:54 02 May 2014

It's a salutary lesson. Everyone should put in place a Power of Attorney while able to do so. My mother made me her Attorney which made things easy when she succumbed to dementia and my wife and and I have appointed our son as Attorney so that when and if the time comes, he will be able to act on our behalf.

  martd7 21:11 02 May 2014


yes i agree but it was sudden within a week he couldn't drive his car,turn tv on,couldn't do anything,doctor referred him to psych in Jan 2013,after mri scan we were given a preliminary diagnosis,took lots of scans and assessments until he was finally diagnosed in march 2014,he was so bad last thing on our mind was LPA,and then it was too late when it all settled down

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