Creating Power of Attorney in the UK

[KirkyG]

Dear all

Am just after a bit if help and advice.  My mother has been diagnosed with dementia and Alzheimers, and my sister (who lives in the UK) and myself (who does not) would like to set up power of attorney for us both to be able to help manage their funds/pay bills etc.    

I have been to the following web site https://www.moneyadviceservice.org.uk/en/articles/setting-up-a-power-of-attorney#what-is-a-power-of-attorney but I guess my question is that as my father is still capable - can he sign the form on my mums behalf?  

I have yet to check but if the bank accounts and corresponding bills are all in my mothers name, how do I get her to sign/approve the forms?

Many thanks in advance for any help that can be provided.

KirkyG

[Alan Collett]

Depends on whether she is of sound mind - I'm not a lawyer but anticipate that you may need to get Court approval.

Take legal advice in the UK is my recommendation.

Best regards.

[Alan Collett]

See also: https://www.moneyadviceservice.org.uk/en/articles/if-the-person-you-want-to-help-has-lost-mental-capacity

Best regards.

[Tulip1]

As your mother has been diagnosed with dementia she cannot sign the forms now.  When the donor signs them they have to be witnessed and certified by a doctor or similar. Once someone loses mental capacity even if they are ok sometimes then no one will certify them as it cannot be established that they know what they are signing and that they want  others to manage their affairs. Sadly far too many people wait until it's too late, so much easier to get them in place when the donor is ok (they don't need to start using it until capacity is lost). Probably too late for your mother but I'd urge you to get it in place for your father in case ever needed. As for your mum, you would need to get a court of protection order now.  Much more complicated as in essence the courts are giving you power over your mums affairs rather than her 'wanting' you to have it. The courts will need evidence from various people such as doctors that your mum isn't capable of managing her affairs. That could be given to your dad or you. 

Edited September 20, 2018 by Tulip1

[SPRINTER]

Suggest it may be easiest to contact the "Office of the Public Guardian"     www.gov.uk/office -of-public-guardian.  email customerservices@publicguardian.gsi.gov.uk   or phone 03004560300 (uk),,   they are the ones who deal with Power of Attorney, be prepared for a lot of form filling. I found them helpful when I had to go through this.  Good Luck.

[KirkyG]

Thanks everyone for your replies.

[BacktoDemocracy]

On 20/09/2018 at 00:21, KirkyG said:

Dear all

Am just after a bit if help and advice.  My mother has been diagnosed with dementia and Alzheimers, and my sister (who lives in the UK) and myself (who does not) would like to set up power of attorney for us both to be able to help manage their funds/pay bills etc.    

I have been to the following web site https://www.moneyadviceservice.org.uk/en/articles/setting-up-a-power-of-attorney#what-is-a-power-of-attorney but I guess my question is that as my father is still capable - can he sign the form on my mums behalf?  

I have yet to check but if the bank accounts and corresponding bills are all in my mothers name, how do I get her to sign/approve the forms?

Many thanks in advance for any help that can be provided.

KirkyG

I think you may want to look at the website of “ The office of the public guardian” in the UK, to my mind it is a minefield in the UK, at present having problems with fraudster who got himself appointed as guardian for elderly relative with Alzheimer’s .

 If you go down this route I would suggest that you try to get 2 of you appointed with finances administered by both parties to avoid getting into problems with other family members, I’m not sure you could do it if you are not in the country due to fronting up to banks, 2 signatures on cheques etc