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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I need to get power of attorney as my husband has dementia

Resolved Question:

I need to get power of attorney as my husband has dementia which has come on very quickly, could you advise me on what I should do please.
Submitted: 12 months ago.
Category: Family Law
Expert:  Clare replied 12 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Does your husband still have mental capacity at all

Customer: replied 12 months ago.
some yes, he knows some things but at times talks a lot of rubbish, he is in hospital at the moment and they are waiting to get him into a care home as they say he is unfit to look after himself, we do not live together anymore but I am his only beneficially of his will and only next of kin.
Expert:  Clare replied 12 months ago.

Has his Consultant said that he does actually have sufficient mental capacity to sign a Lasting Power of Attorney?

Customer: replied 12 months ago.
Ok, I have not asked the consultant that question as yet, I have spoken to his doctor at the hospital and she confirms that he has long term dementia and will need to go into care
Expert:  Clare replied 12 months ago.

Are you aware that a phone call will cost extra?

Clare and other Family Law Specialists are ready to help you
Customer: replied 12 months ago.
that is ok
Customer: replied 12 months ago.
I have just phoned the hospital and spoke to the doctor and she wants to know if it has to be a consultant who checks Brians mental ability or can she, the doctor do the assessment
Customer: replied 12 months ago.
Are you still there?
Expert:  Clare replied 12 months ago.

It was delightful to speak to you - it must be a very difficult time for you.

If he does have mental capacity then the forms that you need are here

https://www.gov.uk/government/publications/make-a-lasting-power-of-attorney

There is also an overview here

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

and for once the fee has gone down and not up!

As I said it is worth doing both to ensure that you are able to make decision about his care as well

If the news is less good then you will need to be appointed as his Deputy

Over view here

https://www.gov.uk/become-deputy/overview

The forms are here

https://www.gov.uk/become-deputy/apply-deputy

I hope that this is of assistance - please ask if you need further details

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