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Next of kin

(34 Posts)
Septimia Sun 02-May-21 19:43:33

Witzend is right. The person has to understand what they're doing at the time, so as long as they knwo what they're signing when they sign it, it's OK.

We got my FiL to give DH POA for his finances that way. I explained carefully what we wanted him to do and why. Then a neighbour - a retired medic - checked that he was happy to sign and oversaw that part of the procedure. We didn't use a solicitor, but did tell FiL that it was so that we could help him with his finances if he wasn't well enough to deal with things himself, so that he didn't feel that we were just taking over.

Witzend Sun 02-May-21 19:27:33

As long as the person understands at the time of signing, what they are doing, it’s apparently OK.
So dementia doesn’t necessarily mean the person can’t grant P of A. Obviously it needs to be done sooner rather than later, though, because from experience, dementia can make people very suspicious that you’re just bent on stealing their money. (Speaking from experience here.)

Shandy57 Sun 02-May-21 19:22:16

Thank you all. My aunt did persuade her friend to go to the GP a few months ago, and after her visit, a psychiatrist was sent round to see her. The psychiatrist recommended she attend the local 'memory club', nothing else has been done for her.

I am sorry I confused the issue by asking about the next of kin as well as LPOA. The friend's grandson has already got next of kin status, and he has persuaded his grandmother to put her house on the market.

I believe the daughter will be looking for her mother to appoint her as POA next, and just wondered how others had fared when their parents mental capacity was reduced.

Her mother only deals in cash, is very frightened of spending money, and my aunt thinks it will be difficult to persuade her to spend the £400 plus at the solicitor's to do this. I feel so sorry her daughter has only just stepped up to the plate, my aunt loves her friend, and can't bear to see her suffering so.

M0nica Sun 02-May-21 18:46:44

This is a request to confirm that the daughter is next of kin and has nothing to do with PoAs.

The daughter is next of kin. She is the daughter of the lady concerned. There is no harm in the OP writing these letters to the bank and doctor on behalf of her friend to confirm that this lady is indeed her daughter and therefore next of kin. It will enable her to talk to the doctor about her mother's health problems and if necessary get access to her bank account in limited circumstances to pay her household bills etc.

An application for a PoA is a quite seperate thing and will need to go through the Court of Protection.

Nonogran Sun 02-May-21 18:08:54

This is definitely something to be done legally. I'd stay out of it if I were you.

silverlining48 Sun 02-May-21 17:50:22

It seems to me that before anything else this lady should be assessed by/ referred to her GP.
Your aunt does not need to write anything about next of kin. That is up to the daughter to deal with.

BlueBelle Sun 02-May-21 17:29:24

It has to be done legally not just on a bit of paper

stella1949 Sun 02-May-21 17:22:11

The daughter should take her mother to a solicitor for this. If she wants to have power of attorney she can't just get a letter saying she is next of kin - she needs to get the proper documentation done. The friend may have reduced mental capacity but this is something for the solicitor to find out, it's not up to other people to decide. Even if she is becoming confused, she may still be able to sign the power of attorney forms - you don't have to be 100% perfect to do that.

I don't really understand why the daughter would need a letter from your aunt anyway - her own birth certificate would surely be enough proof that she is her mother's next of kin.

Shandy57 Sun 02-May-21 17:11:51

My aunt is 84 and widowed, and her very good friend is also 84 and widowed. My aunt was an accountant, her friend did a variety of manual jobs. She fondly calls my aunt 'her secretary' as my aunt has often helped her to understand letters she's received, as well as writing the replies for her.

Ten years ago my aunt's friend became estranged from her daughter, and she has phoned my aunt occasionally over the years to enquire about her mother's health. My aunt has noticed her friend becoming more and more confused, she phones her at 7 am crying, doesn't know what day it is, she recently smelt smoke and rang my aunt - she'd put the electric kettle on the lit gas stove. My aunt is really concerned about her and rang the daughter last year to come over and help, but lockdown restrictions were in place.

The friend's daughter finally came to visit her mother yesterday. She phoned my aunt today and has asked her to write two letters on her mother's behalf for her to sign, saying she is next of kin - one to the bank, one to the GP.

Has anyone had experience of gaining LPOA with a relative who unfortunately has reduced mental capacity?