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Legal, pensions and money

P of A

(36 Posts)
Fennel Tue 12-Dec-17 07:51:49

I had P of A for my Mum, and as far as I remember it meant I was able to sign on her behalf, including banking.
If there had been a legal obligation I would have thought there would be a penalty included for failure to act.

mcem Tue 12-Dec-17 07:46:25

GP, SS and hospital consultant are all in agreement that father is in urgent need of 24 hour care. SS have provided superb support.
Daughter is the only child, only living relative and sole attorney.
I was wondering if SS could take over automatically in the absence of daughter's involvement and it was only after Eglantine's post that I realised that courts might be involved. That's the first time I'd read of guardianship and intervention orders.
I'll follow that up today.

NfkDumpling Tue 12-Dec-17 07:21:40

Somewhere at the back of my mind I have a feeling there may be costs involved if the Court of Protection steps in. I may be (probably am) wrong. As an only child I can completely empathise and sympathise with Daughter having been in a similar situation and having come very, very close to walking away. Can father’s GP help? Would a letter from daughter’s GP to SS give a temporary reprieve and get them to be more pro-active?

The legal system grinds exceedingly slow and father may well have died by the time things actually move forward. (I sometimes suspect that may be the aim, but that can’t be true. Can it?!)

kittylester Tue 12-Dec-17 07:03:13

Is there only one 'attorney'?

Eglantine21 Mon 11-Dec-17 23:29:01

Sorry, only know what the guidance was in the pack when I did my POA.

mcem Mon 11-Dec-17 22:52:16

Having looked very quickly it seems that in Scotland there are guardianship and intervention orders which I assume might be granted by the court to the relevant authorities. This seems to be the case when the person holding PoA is 'unable or unwilling' to carry out the duties involved.
It would seem then that the daughter can walk away, effectively handing over care decisions to the SW department.

mcem Mon 11-Dec-17 22:38:46

Thanks eglantine. Do you know if the same applies in Scotland?
Will check on Court of Protection.

Eglantine21 Mon 11-Dec-17 22:33:56

If the attourney is I longer able or wiling to act the Court of Protection takes responsibility, as it would if there was no POA.

cornergran Mon 11-Dec-17 22:31:07

I’m interested too. Is this a case where the person holding the POA has their own issues, maybe stress or physical health problems? I had assumed a legal obligation but maybe not.

Luckygirl Mon 11-Dec-17 22:12:38

That is a very interesting question. In the main those with PofA have agreed and been given the power to take decisions if/when the need arises; I do not know whether it is also a legal obligation. Let me know if you find out the answer please.

mcem Mon 11-Dec-17 21:48:53

Any thoughts please on this situation?

Daughter has PoA and father (95) has now been assessed as unable to look after himself or to make decisions.

I'd expect PoA to operate and decisions to be made by daughter.

Hospital, SW department and gp all agree that father no longer has capacity but daughter has decided she's 'had enough' and no longer chooses to be involved in decision-making.

Dad is refusing to leave his home and go into care home.
Is the daughter, having agreed to act as attorney, obliged to remain involved and if not, who is responsible? There are no other relatives.
Can/ would 'the authorities' step in, take over and have father taken into care against his will?