alcatraz999
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This has changed in the last year (2 years?). There is a similar cap on proceeds from sale of house.You could end up paying a lot more for nursing home costs if the house has been sold and there are large cash assets.
Just over 2 years agoIs this a 'power of attorney' or an 'enduring power of attorney'?
If its EPOA when was it executed as in put together with all the consents, notices, statements by legal and medical practitioners as there are now two streams since May.
The gp is concerned as sibling says mum ok, i think not and want referral to consultant. Sibling i think may have told gp i am up to no good which is not the caseSorry to hear of your Mum's declining health, and your woes regarding it.
The first thing that needs to be established here is quite simple, from an outsider's point of view.
That is whether or not your your Mum currently has capacity, and that is for the relevant medical practitioner to state, and him or her only. If said practitioner is hesitant well then a referral to a consultant might be in order.
If she does not currently have capacity, well the situation is as it is.
However, if she still retains capacity then it is for her to decide. Your family solicitor is surely best placed to advise, once capacity is determined.
Its enduring poaIs this a 'power of attorney' or an 'enduring power of attorney'?
If its EPOA when was it executed as in put together with all the consents, notices, statements by legal and medical practitioners as there are now two streams since May.
Im trying but gp rang me annoyed, sibling had mum in to get capacity confirmed so she could take her to the solicitor. Then im requesting referral to the consultant so that the full assessment takes place. I cant do anything without getting the referral to the consultant and gp seems reluctant at this time@WizardDr is correct, first question to answer is if this is an Enduring Power of Attorney.
If it is then you follow the steps to get it registered.
The whole point of the EPA is to prevent this carry on.
If your sibling is a notified party, they can object to the registration of the EPA; but again there is a defined process to be followed. Not via ad hoc phone calls or visits.
In the meantime sibling taking advantage of mums dimishing capacity and trying to get poa changed to her.Im trying but gp rang me annoyed, sibling had mum in to get capacity confirmed so she could take her to the solicitor. Then im requesting referral to the consultant so that the full assessment takes place. I cant do anything without getting the referral to the consultant and gp seems reluctant at this time
Yes you are correct, sorry for the confusionYour post is very confusing.
Let me see if I understand this.
An enduring power of attorney naming you is already in place and has been for the last two years.
Your sibling did not object to the EPA when it was set up.
You believe the EPA should now be registered as your parent no longer has the capacity to manage their own affairs.
Is this correct so far?
EPOA not registered yet, im trying to do thisYour posts are really confusing.
So you have enduring power of attorney put in place 2 years ago.
You now think it is time to act on the enduring power of attorney and take control of your mothers affairs. Your solicitor has recommended this course of action to you.
Your sister feels your Mum has full capacity and wants to reverse your epoa and set herself up as epoa herself.
Let her do what she likes, all she is doing is creating confusion and upset. I would think it would take a high court to reverse your epoa, so let her go that route if she feels that is what she needs to do.
All you need to do is act on your epoa.
1. Write to the gp practice saying that you are overseeing your mothers medical care. And the only person who can make appointments or ask for referrals is you. Give them a copy of your epoa. Copy your sister and solicitor.
Then keep doing this if anything else pops up. You have the power to protect your mothers interest and prevent her from being confused or easily lead etc., so just act on it. Try not to get too emotional or upset at your sisters actions, she has her own reasons. You have a responsibility to act to protect your mothers interests only. Follow the solicitors advice.
Thank you so much. I will do both of those things. I do not have control yet but am trying to get it. Its all very upsetting.Ok so forget about the sibling for now
Make two appointments - just for you; one for the GP and one for the solicitor who drew up the EPA.
Bring along all your paperwork; show it to GP.
Explain that you believe your parent has now reached the point where they can no longer manage their affairs and the process to register the EPA should be started.
Follow up both appointments with a written letter confirming your instruction.
You can't stop your sibling acting the maggot in the meantime; but you now have a clear record should it be needed in the future.
Edit: I see Clamballs reply & they have posted pretty much the same advice; but I think Clamballs reading is that you already have control of your parents affairs and my reading is that you don't.
If I could give you some other tips.
Being an attorney for a parent is not an easy task; as well as being emotionally difficult, you have (quite rightly) to be very careful in your actions and record keeping.
Get yourself a couple of binders, a home printer if you don't already have one & set up a separate email address that you will use only for your parents affairs. Keep a printed copy of every thing & make sure every bank transaction has a paper document to support it.
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