- April 30, 2024
- Posted by: legaleseblogger
- Category: Related News
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# Family Situation with Power of Attorney
My father and uncle are currently designated with power of attorney for my grandmother, who is on medication for a severe memory impairment. Given her condition, she is unable to manage her own affairs, including simple tasks like food shopping.
# recent development and Trust issues
Recently, my father has passed away, leaving my unreliable uncle as the sole person with power of attorney. However, due to his past behavior, my grandmother does not trust him with her finances. She has expressed a desire for me to take over this responsibility.
# Current Possession of Bank Cards and Responsibilities
I currently have possession of my grandmother’s bank cards, which were previously in my father’s possession. I have been using one of these cards to cover the costs of her food shopping.
# The Need for Legal Guidance and AI Legalese Decoder Assistance
In this complex family situation, it is essential to seek legal advice on how to proceed in assuming financial responsibilities for my grandmother. The AI Legalese Decoder can help navigate through the legal jargon and provide clear explanations on what steps I can take. This tool can offer valuable insights on the legal implications of this situation and guide me in making informed decisions for my grandmother’s well-being.
# Location and Jurisdiction
We are all currently residing in England.
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When the LPA was originally set up, did she name any replacement attorneys in case an original attorney died?
Assuming not…
It’s not clear from your post the extent to which she retains legal capacity as defined as per the Mental Capacity Act 2005
If she does have capacity, she could revoke the existing LPA and set up a new one with you named.
If she doesn’t, it would be necessary to go down the deputyship route, but I don’t know if that’s open to someone where there’s already an LPA in place.
In short, if the LPA or EPA made by your grandma didn’t include you as a replacement attorney, then she needs to make a new LPA, assuming she has capacity to do so.
I would also do it soon, because the LPA system is going to change later this year and I think it will be a shitshow.
Worst case is she doesn’t have the capacity to make a new LPA and then you need to apply for a deputyship order with the Court of Protection. But that really isn’t a route you want to have to do down ideally.
Apply for LPA for your grandma. You can use death cert plus his old LPA as evidence if bank quibble in the short term. Equally if you’re able to call the bank with your gran so she can tell them herself. Even if she lacks cap they should still honour her wishes. If you need advice or support your local authority adult social care team might help also.
Consult a solicitor ref what they’d need from you both to demonstrate her capacity; if she still has capacity, she can cancel the POA via a deed of revocation, and do a new POA naming you.
Having short term memory issues and being unable to go shopping herself doesn’t necessarily mean she doesn’t have capacity, it’s a complex issue. She may have capacity at one time but not another.
If she doesn’t have capacity, and you have concerns about your uncle, you can refer it to the Office of the Public Guardian (OPG) who will look into it and could e.g. cancel it and refer it to the Court of Protection.
Meanwhile, if she doesn’t have capacity, you shouldn’t be using her bank cards, even if it’s to make purchases for her.
Did your father have Power of Attorney for finance or health or both? Same for your uncle. They are two distinct roles. If uncle doesn’t have Financial PA then speak to a specialist lawyer about applying for that role yourself.
In the meantime keep very clear records of what you are spending and on what. Keep every receipt be it a pint of milk or household appliance. You need to be absolutely transparent so you can not be accused of mismanagement