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Oct 2023
3:24pm, 20 Oct 2023
15,656 posts
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jda
As for the FiL broadband saga....having gone to the Ombudsman, agreeing to give BT "Executive Complaints" department a final chance to fix the problem, they claimed to have fixed the problem just as we were going away and insisted on closing the case (we had no time to check it). One month later, back in the UK, and the broadband is not working still/again. We have no way of telling if they really fixed it temporarily, or just thought they had, and my wife has to start the whole process again.
Not the world's biggest problem but it has been (solo vulnerable) FiL's main method of communication with the outside world, and hasn't been working for nearly a year now, and has taken endless hours of chasing up, telling the same story to the next hapless tech support person...
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Oct 2023
3:37pm, 20 Oct 2023
6,706 posts
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Little Miss Happy
Sorry Baz. I haven't. Is that to say that the person is capable of giving consent to the LPoA or to a decision someone wants to make on their behalf? Capacity can be very contextual.
Frustrating jda.
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Oct 2023
4:24pm, 20 Oct 2023
48,193 posts
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HappyG(rrr)
Hi Bazo, we got Mum's GP to sign PoA (both bits - financial and health). We had no problems with it. She signed with no qualms.
Give me a shout if any Qs about it. It hasn't been registered with office of public guardian yet (submitted 2 weeks ago) so yet to see if it will be accepted by them.  G
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Oct 2023
4:34pm, 20 Oct 2023
15,657 posts
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jda
I was assuming Bazo was talking about triggering the powers due to loss of capacity. It's a mess though because the triggering seems designed as if it's a binary switch that allows the attorney to take over, but as LMH says, capacity is contextual and loss of it is gradual (aside from a car crash or coma scenario) so in reality the welfare PoA doesn't actually provide that much authority for the attorney over the donor in a strict sense. If the donor is expressing their opinion on some matter strongly, it would normally be reasonable to assume they have the capacity to so do, even if their judgment appears poor. Hence the need to cajole and encourage rather than impose.
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Oct 2023
4:34pm, 20 Oct 2023
25,767 posts
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Bazoaxe
Thanks for the info. No difficult decisions to be made. it’s more about knowing the boundaries of the working of the joint PoA and can MiL make her own decisions which the PoAs execute for her.
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Oct 2023
4:38pm, 20 Oct 2023
4,340 posts
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Ally-C
I took my mum up to a solicitor be granted POA to stop my sister nipping my head, thought there was no way he’d say she had capacity. After a brief chat he called me in and went ahead with it, it was a genuine WTAF moment.
For clarity, she was diagnosed with schizophrenia the best part of fifty years ago and doesn’t take medication.
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Oct 2023
4:41pm, 20 Oct 2023
29,222 posts
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Serendippily
That is the purpose of a PoA. To help the person understand what the decision is and communicate their wishes, no matter how wrong headed they may seem. You get included as an advocate so you get access to what’s going on.
There is provision under the mental capacity act to act on someones behalf but the authority should have justification for each time it is decided the person doesnt have the capacity to decide themselves, and decisions should be in their best interest and to limit the impact on their freedoms etc
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Oct 2023
4:44pm, 20 Oct 2023
2,195 posts
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poppyH
Most GPs will not assess capacity for PoA, it's a specialised assessment and usually done by consultant psychiatrist or solicitor, and often privately.
Solicitors may suggest a GP does it (cheaper) but it's well outside our expertise and therefore if challenged in court would be in trouble. I wouldn't have a clue about the full implications of a financial PoA as it requires knowing the detailed financial concerns of the patient.
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Oct 2023
4:44pm, 20 Oct 2023
25,769 posts
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Bazoaxe
Thanks that’s helpful.
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Oct 2023
4:47pm, 20 Oct 2023
2,196 posts
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poppyH
Assessment if someone doesn't have capacity is much more straightforward. Capacity is also decisspecific so your mum may need help in some areas before others.
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