Forgive me if I'm rambling, but can someone point me to some advice about power of attorney.

My aunt has vascular dementia and her faculties are not good. She has issues with her short term memory and now long term is starting to be affected.

My wife and I have been looking after her for the last 14 years, but the dementia has only been over the last year.

Auntie owns a cottage and a small amount of land. We are now having issues with her step family - they're all coming out of the wood work and you can probably guess why.

We've finally got her gp to diagnose the dementia and are taking her to the dementia liaison service tomorrow.

We're hoping she will understand that she has dementia and we want to take steps to ensure she is being taking cared of properly and not going to be taken advantage of.

Boris

HI.

I'm sorry to hear about Auntie, dementia is a horrible disease. I hope the liaison service can point you in the direction of what to do.

The same happened with my mother, luckily the carers called in a special mental health unit and a psychiatrist made the diagnosis which the Court of Protection accepted.

Did Auntie sign a Lasting Power of Attorney or are you starting from scratch?

By the way, some of the most helpful advice I had was from the local Age UK office, they were really good.

HB

Thanks Honeybee,

I've just got off the phone to her solicitors, so its on their radar now.

We have a bit of a plan, but it depends on the outcome of tomorrow's appointment. If it goes well and she understands that there is a problem, then we can suggest that her solicitor comes out to visit her - to check things are ok and to have a general chat.

If it goes the other way and it's deemed that she is too far down the line to make a concious decision, then the alternative is via the courts with a deputy arrangement, can't remember what the solicitor called it.

We moved near to her in early 2000's when she had a major operation to look after her, it's just the last couple of years, with the last few months in particular (sorry just feeling it bit as I'm typing). She wrote a pantomime when she was a head teach in the 70's and she gave it to my drama group to do. She can't even remember who wrote it now.

My wife is the main beneficiary in her will, which was done over 10 years ago, so we have no issues and just want to do whats best for her and keep those who are coming out of the woodwork just because she is nearing the end of her life.

Sorry I'm rambling, but this is the only way I can express myself.

Boris

If your aunt hasn't made a power of attorney and you are starting from scratch the GOV.UK advice is a good starting point.

https://www.gov.uk/power-of-attorney

One key point is that your aunt can only make a power of attorney now if she still has mental capacity. It might be worth discussing that with the dementia liaison service. See also the bit about certificate providers.

If she no longer has sufficient mental capacity to make a Lasting Power of Attorney herself I'm afraid it's rather more complicated. You would need to apply to the Court of Protection to be appointed her 'Deputy'.

Hi borisbeaver,

I made my last post before yours had appeared, but looks like what I said is same as what your solicitor has said. The question of whether your aunt still has the mental capacity to make a Lasting Power of Attorney is the key to what you can do next.

She has made a Will, which is good. Just be aware that Wills and Power of Attorney are completely separate things. A Power of Attorney lapses at the point the 'donor' - your aunt - dies. The authority to manage your aunt's financial affairs, if she gives you a pwer of attorney, only lasts while she is alive. When she dies that authority passes to Executors of her Will. You say your wife is the beneficiary under the Will, but who are the Executors?

Me again, Boris. In case it's relevant, what part of the UK are you in please?

HB

If it goes the other way and it's deemed that she is too far down the line to make a concious decision, then the alternative is via the courts with a deputy arrangement, can't remember what the solicitor called it.

A deputy appointed by the Court of Protection.