How will not having the forms signed affect her future?
Is there any way that when she does get ill, we can get the power of attorney? (We live in the UK.)What happens if your ill parent will not sign the Power of Attorney form?
You're either going to have to live with your parent's decision, or take the matter to a court of law, where you may end up having to commit your parent to a nut-house, or an old folk's home.What happens if your ill parent will not sign the Power of Attorney form?
We have just gone through this problem with my husbands father you will not get power of attorney it should have been in place at least 7 years before your mum became ill,You now have to apply to the courts for a protection order for her it takes about 6 months
To be honest, it's too late for your mom to sign the power of attorney. If she is suffering from dimentia then she is not of sound mind (non compos mentis) and the grant thus invalid.
I suggest you have her physician declare her as disabled then apply to the courts for custody of her assets.
There's no use getting your mom upset. All this can be done quietly and quickly.
Good luck.
I think it will be down to the lawyer to act for her regarding her finances if she doesn't sign soon.
My Grampa signed it when he was on his deathbed the first time round ( the old bugger hung on!!) and my uncles took their money (my mum didn't get any due to chinese traditions) and turned their backs on him. Only my mum was left to deal him and my uncles watched her like a hawk as they thought she would be after what was left that my gran was living on!!
Please keep trying to convince her to sign it, even if she gets her own lawyer to convince her. My grampa died heartbroken and deceived by his sons and wished he wasn't so ill at the time to be forced into making the mistake of making the wrong decision of who dealt with his estate and finances.
Go to a civil judge in your area, and prove her status. By written documentation from a specialist in such cases.
Request for a power for caring for mother, to be court ordered.
Firstly , Im really sorry about your mum.
Although im not 100% sure citizens advice is a good place to start, i know its a bit of a chew but they will advise you , also many solicitors will give some free over the phone advice in the interim, and can guide you there.
regarding your GP while there is patient confidentiality , my great uncle is mentally ill and has deteriorated of late , so if the GP has made a diagnosis as far as i am aware they will discuss the case with you as , there are cases where they are not sound of mind, so I think your first port of call would be a call to the GP to explain your concern , at worst they can say sorry i cant , however they might just begin to put everything in place for you regarding even social services and all manner of things as they did for my Uncle.
On the downside of things, my best friend did go to a solicitor and she was sound of mind when she made provision for her family after being diagnosed terminally ill,she paid , it allegedly was cut and dry now when shes gone they are trying to say she was no sound of mind , and a court case is going to happen ????even though she did dollow the legal path., so just be careful and get as much information as possible , try your gp as i said rules are different for patients who have been diagnosed they will then sign for all kinds of things to happen and we are in the UK.
The next best advice would be a solicitor, they can at least point you in the right direction there.
Best of luck anyway.
she could appoint a representative for herself, some-one she does trust.
can you talk to her GP about all of this, as it is becoming a common problem?
a GP will be aware of her medical history %26amp; may be able to help.
it's worth a try.
it's good of you to be thinking of her like this %26amp; i doubt the GP will refuse to discuss her future with you as he/she has nothing to gain by turning you away.
You need to get her to sign it RIGHT AWAY! otherwise, she may be too ill to sign, also you need a solicitor to be present, you can't do it alone, as it has to be verified that she is of sound mind, but it sounds as if you have left it too late. Sorry!
you have to prove her mentally incompetent to be able to obtain power of attorney(if she wont sign), her doctor is a huge part of this- you need to get him to sign the necessary forms. you should talk to her doctor about first and foremost. then it will be a court matter from there
An EPA does sound as if it is appropriate, but your Mum seems to lack the sufficient mental capacity to correctly sign the form.
If this is the case, you need to make an application to the Court of Protection to appoint a Receiver. A Receiver acts in a very similar way to an Attorney, but there are a few more hoops to jump through as the Court are involved as an additional safeguard to your Mum since her mental capacity is going.
A Solicitor will be able to help if you want, but you can also get all of the forms and guidance notes from the website of the Court.
Also, the law regarding EPA's and Receivership is going to change on 1st October 2007 so I'd do something now. The change in the law makes the procedure more complecated and costly and many solicitors do not like the new system. EPA will no longer be able to be made and a Lasting Power of Attorney needs to be made instead. The form is 25 pages long, rather than 3 that an EPA is. It has to be registered before it can be used which is going to cost a lot. LPA's are likely to cost more than double the price of an EPA to put in place.
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