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power of attorney due to lack of mental capacity


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please redirect if posted in wrong place

mother in law has dementia wanders got ran over 3 weeks ago thank goodness not to bad.

had mental capacity test done in one hospital conclusion lack of it.

moved to different rehab unit they at first said they wouldn't accept other hospitals conclusion her home social services did the test.

how do we as a family apply for both financial and medical power of attorney she cant consent herself

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Hi 23sopwith


I think the best info you need is below;



Have a read and if you need any clarification, please let me know.


We could do with some help from you.


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Receptaculum Ignis


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Hello there.


I'm sorry to hear you're having this problem. I had the same with my mother, but luckily she had already signed a PoA when she was well.


If your MiL doesn't have a signed LPA, this link from the CAB may help you.




Do you have a written diagnosis of your MiL's dementia? We had to submit one when we activated the PoA.



Illegitimi non carborundum




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I agree with HB.

If the person who would be the donor of the power of attorney hasn't granted the power while they were competent, and has now lost competence : they can't now give consent.


The member of family / friend who is the potential attorney (more correctly known as a "deputy" where the Court authorises it) needs to apply to the Court of Protection, for authority to act.

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