Q: My mother has dementia and has had to go into a care home. She cannot understand her finances and the care home needs payment, but I have no access to my mother’s accounts. My friend says I need a Lasting Power of Attorney. What is this and how do I get one?
A: A Lasting Power of Attorney is a document which gives a trusted person (known as an Attorney) the legal authority to make decisions on behalf of someone (known as the ‘Donor’) who needs help to handle their affairs. There are two types of LPA, one allowing Attorneys to make decisions regarding your property and financial affairs, the other allowing your Attorneys to make decisions about your health and welfare.
LPAs must be registered with The Office of The Public Guardian before they can be used. Donors must have mental capacity when preparing and signing an LPA. As your mother has diagnosed dementia, it is unlikely she has the mental capacity required. You should therefore apply to the Court of Protection for a Deputyship Order, to give you the legal authority to act as her Deputy and make decisions on her behalf. Once the order is granted you can present this to her bank and settle her bills etc.
Before applying to the Court of Protection you will need to arrange a professional capacity assessment for your mother and submit it with the required forms and application fee. The Court process can take 9-12 months. The Order will set out all details of what you can and cannot do as a Deputy, together with the responsibilities of Deputyship, such as acting in the best interests of the individual, applying a high standard of care, keeping a record of your decisions in your annual deputy report etc. The application is long and involved and it would therefore be advisable to seek assistance from a solicitor. Such advice can be paid for from your mother’s money when you receive the Order.
This question has been answered by Nicole Kukla, a Trainee Solicitor with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194
