Power of Attorney - anyone know anything

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Power of Attorney - anyone know anything

Postby Zippo » Wed Jul 25, 2018 7:09 pm

Does anyone here have experience with Power of Attorney, or anything regarding taking over "rights" from an elderly parent?

Since Mum died, and then retiring from work, Dad has been in a downward spiral
I thought it may have been over when he received a trespass notice (yes, really!) and he finally went to counselling, but today when I got home he told me he had some news.
Turns out he has gone and purchased a mobility van in order to transport people in wheelchairs - without any "customers" or plans

With the combination of things I am thinking he needs to be stopped before he hits bottom and spends all his money

So, any experience here with this?
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Re: Power of Attorney - anyone know anything

Postby Subria » Wed Jul 25, 2018 8:31 pm

Power of Attorney can only be used if they have agreed (and signed the document) to allow you to legally act for them when they are not in a position to do so. This is usually done before a person is incapacitated, or out of the country for example.

What you're looking for is more gaining financial control of your father's accounts - and this will likely need to be covered by taking them to court and proving that they are no longer physically/mentally capable of looking after their own affairs. It's not a particularly nice route to head down, as it will lead to rifts between you and your Dad.

You would be best seeking some legal advice from some solicitors, look for the ones that specialise in estates, guardianship etc
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Re: Power of Attorney - anyone know anything

Postby Zippo » Wed Jul 25, 2018 9:40 pm

I asked before I had looked; and yes, you are right Subria.

We are already at the rift stage, this helps it towards the point of no return ..
Either I need to scare him enough (it worked once before a few years back) , to not need lawyers, or just let him continue on the path of self destruction
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Re: Power of Attorney - anyone know anything

Postby IronhideTFX » Wed Jul 25, 2018 10:09 pm

We deal with it at work (Bank) a bit.

There are two main types, one is health and the other is property.
Subria is spot on.

Have a read of: http://communitylaw.org.nz/community-la ... hapter-21/

Hopefully it doesn't come to that, unless you genuinely think he is starting to lose it, in which case you'll need to get him properly diagnosed by a specialist.
The power of attorney would need to be in place before then, and would have to state that it still continues after your father has become mentally incapable.
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Re: Power of Attorney - anyone know anything

Postby Subria » Thu Jul 26, 2018 8:59 am

IronhideTFX wrote:
Hopefully it doesn't come to that, unless you genuinely think he is starting to lose it, in which case you'll need to get him properly diagnosed by a specialist.


This is the genuinely difficult diagnosis to achieve, especially if they're a relatively well functioning person for all intents and purposes.

No person, unless they agree they need help, is going to submit to such a diagnosis. Sure you can book the appointment and such, but you can't make them turn up!
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Re: Power of Attorney - anyone know anything

Postby Muleac » Fri Jul 27, 2018 9:46 am

Good luck Zippo I hope it works out.
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Re: Power of Attorney - anyone know anything

Postby Zippo » Fri Jul 27, 2018 4:59 pm

I haven't spoken to Dad since Wednesday when he told me; but with the upcoming weekend it is going to hard to keep up the silience
As a result I have been playing on what I am going to say to him.

Continue to go to counselling
Arrange a power of attorney (mostly required for finances and the house)

Failure to action on his part .. not sure what I will do
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