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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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why would you seek to obtain a Power of Attorney for a direct

Customer Question

why would you seek to obtain a Power of Attorney for a direct family member after they have lost the mental capacity to enter into a Lasting power of Attorney for health and welfare. What would be the difference in having a Court of Protection Power of Attorney for health and welfare and not having anything
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.
Who is the Deputy?
Expert:  Clare replied 4 years ago.
Hi
Given that you mother no longer has Mental Capacity then it is no longer possible for her to sign a Lasting Power to cover Health and Welfare.
The only option would be for you or your father to apply to the Court Of Protection to be appointed as her Deputy for ALL purposes - this would also superseded the Enduring power which has now been registered.
Claire
Customer: replied 4 years ago.

Please answer the direct first question;


 


why would you seek to obtain a Power of Attorney for a direct family member after they have lost the mental capacity to enter into a Lasting power of Attorney for health and welfare. What would be the difference in having a Court of Protection Power of Attorney for health and welfare and not having anything.


 


we know all about applying to the COP to act as deputy/attorney but the question is wny would we and not just leave as is.

Expert:  Clare replied 4 years ago.
Hi
My apologies for the confusion.
As I said in fact you cannot obtain a Power of Attorney in such circumstances.
However in the event that it were still possible then it is usually used in circumstances where there is likely to be a conflict within the family about how the Health and Welfare issue might be dealt with - disputes over which mediation to opt for; disputed over DNR decisions; or whether or not a Care home or Nursing Home might be used
If a Lasting Power Of attorney has been granted then the person in question will have nominated their person of choice to make these decisions for them when the time comes whether or not they are their immediate Next of Kin
Claire