Unfortunately, it's an expensive thing if there is no LPA.
You need to apply to the Court of Protection to become a deputy of the court to make decisions for the person in question. The court will appoint you (or someone else) as a deputy, if they judge that the person does not have testamentary capacity.
It will cost £400 to register the paperwork, and legal fees could go as high as £5k. There will also be an annual supervision fee of up to £800, as the court will then have to supervise you.
A few sites to look at:
Making decisions for someone where no Enduring or Lasting Power of Attorney exists - Office of the Public Guardian
Mental capacity and the law : Directgov - Government, citizens and rights
Banking On Good Decisions (Summary)
Banking On Good Decisions (Full Text Version)
Sorry.
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Previously on "Power of Attorney (for someone without mental capacity)"
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Originally posted by DaveB View PostI looked into this a while ago as we thought we might have to go this way for MrsB's Grandmother.
If you haven't already, take a look at the Office of the Public Guardian
If your Grandfather really is unable to make the decision to grant you power of attorney you may need to apply to the Court of Protection to be appointed as a depury of the court. This will grant you specific powers to act on behalf of that person ni specific areas such as financial affairs or personal welfare.
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Originally posted by doodab View PostHave a word with the CAB. They should at least be able to point you in the right direction.
Managing affairs for someone else
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I looked into this a while ago as we thought we might have to go this way for MrsB's Grandmother.
If you haven't already, take a look at the Office of the Public Guardian
If your Grandfather really is unable to make the decision to grant you power of attorney you may need to apply to the Court of Protection to be appointed as a depury of the court. This will grant you specific powers to act on behalf of that person ni specific areas such as financial affairs or personal welfare.
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I can ask the girly if you want, she has quite a bit of experience in such matters. Answer will be after 7 as she is on call.
Now are you sure you want MF to run your affairs?
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Originally posted by suityou01 View PostOK time you lot to actually help rather than take the mickey.
Has anyone got experience of getting a POA for someone with dementia? All the forms I see state the person granting must have mental capacity and sadly my Grandfather no longer has.
He needs my help with day to day banking, has no estate and it has been agreed with the care home that the financial day to day is beyone his capability and makes him upset to talk about such things.
So, anyone?
TIA
SY01
You're in for a bit of a bureaucratic nightmare, I'm afraid. You have to apply to the Court of Protection for a hearing. The process will take months. We went trhough it all with the better halfs grandad. More info here: Making decisions for someone where no Enduring or Lasting Power of Attorney exists - Office of the Public Guardian
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Have a word with the CAB. They should at least be able to point you in the right direction.
Managing affairs for someone else
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Sorry to here that Suity.
Hope you receive some treatment soon and good luck with the power of attorney.
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Power of Attorney (for someone without mental capacity)
OK time you lot to actually help rather than take the mickey.
Has anyone got experience of getting a POA for someone with dementia? All the forms I see state the person granting must have mental capacity and sadly my Grandfather no longer has.
He needs my help with day to day banking, has no estate and it has been agreed with the care home that the financial day to day is beyone his capability and makes him upset to talk about such things.
So, anyone?
TIA
SY01Tags: None
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