Power of Attorney

[StretchyLegs]

We hold an Enduring Power of attorney for our mother which was registered prior to October 2007.

She has mild dementia and has now gone into care and the home is asking for the other power of attorney, which is the Health & Welfare one.

My brother and I are the only living family, and wonder if any such decisions would fall to us in the capacity of next of kin without paying a further �1,000 approx for the paperwork.

Many thanks

[bednobs]

if your mum lacks capacity now, you will not be able to do an LPA anyway.

As regards to medical treatments and health and welfare decisions, no-one can give or withold consent on behalf of another adult person anyway, and if the person lacks capacity to make (for example) healthcare decisions then the doctors can make a decision in the persons best interests. It is common practice to ask relatives what they think, but there is no legal compunction act on what the relatives say

so in summary - yes, save your self the money (although it actually only costs �150 if you download the forms and register it yourself) as it wont be valid anyway if your mum lacks capacity now

[StretchyLegs]

Thank you bedknobs for your excellent answer, and great info.
Many thanks

[bednobs]

meant to add the above answer 2nd paragraph should say "in the absense of an LPA" because, of course if you have one, you can make decisions as if you were the person, that after all is the point of them!
I am not 100% sure if the epa's covered health and welfare matters