Please Help! Power of Attorney and legal help for Dementia parent in Ireland?

minispringroll

Sorry about long post, I'm really hoping you can help me! :( My dad (75yrs old) was diagnosed with vascular dementia last year after 5years of being scammed online. We knew something was wrong for a long time and now finally have confirmation that he has dementia. The issue is that he believes the scammers (mainly crypto / investment scams) are being truthful to him and believes all of his family, bank employees, doctors, etc. are either lying to him or just 'don't understand how crypto works'. These scumbags are tricking him into sending them his pension every week and are telling him that they will send him a large sum of money in return (classic scam). My dad was an intelligent man but as he's not well he has been fully duped into believing these people, its truly heart-breaking! We've tried changing his phone number, changing WIFI passwords, etc but he always finds a way to get back in contact with these individuals. He gets extremely irate if we explain to him that he is being scammed and spends all day every day on the phone to these people or shouting at the bank for a loan (which they won't give him). Nobody can stand to listen to it anymore, he is ringing everyone he knows looking for money. We live in fear that the stress will cause him to have another heart attack (he has had 3 in his life) or a massive stoke. His memory isn't too bad so we can't trick him for his own protection, it's mainly his logic and reasoning is now completely gone, it's almost as if he has lost his mind but its the brain damage from a stoke and numerus mini strokes which have caused this. The doctors in the hospital last year advised us that the laws had changed in regards to power of attorney and he needs to grant it to us, which he will absolutely not do (independent and stubborn!). We were also advised that its highly unlikely that we would get a ward of court granted as he still seems to be aware of what's happening and still physically capable (they said it would cost thousands to even try and they were 99% sure we would be unsuccessful). Does anybody have any advice as to how to deal with this situation? He is also due a sizable inheritance in about a years time which will be lost to scammers on the same day he receives it, money which should be used on himself to enjoy! ANY help would be so appreciated, thanks all

AndrewJRenko

Check out the options available under the new legislation;

https://decisionsupportservice.ie/

breezy1985

Under the new law rather than prove someone has cognitive issues and then gaining control of their whole life you have to prove it for wash aspect and get control of that aspect.

In your case you could prove your father is incapable of dealing with his finances and gain some control of his finances or have financial plan put in place for himbut he would remain independent in all other decisions in his life.

Sadly the biggest scammers in life are family which is why the law was changed to stop undue access to assets and finances.

Mrs OBumble

Try Age Concern or similar for practical advice on how to work with the new laws.

minispringroll

Thanks, I didn't realise you could just take certain control of one aspect so this is worth looking into! My dad is an extremely independent person and the thoughts of forcing him into a situation of controlling any aspects of his life as power of attorney is heartbreaking but we just want to protect him from these scumbags. It's a sad world we live in when laws are passed to protect people against their own families but are then made an open target for the low lifes of the world to take advantage of! Thanks for your input, I'm definitely going to look into this!

Flinty997

Do you have support of the GP?

They can do a test for dementia.

minispringroll

Thanks yes he's already been diagnosed, spoke to GP and all he could do was speak to him to try warn him against these people. But we've been trying to do that for years and he's never listened so he didn't listen to his GP either.

Flinty997

In that case you need to get legal advice, see a solicitor.

If your parent doesn't have access to funds theres not much they can do. It becomes a cat and mouse game. Thats the nature of the illness. Unfortunately.

Dubwat

I'm not a lawyer.

Maybe see if his bank have a vulnerable customer unit, e.g. Bank of Ireland?

Are you trying to support a Bank of Ireland customer who lacks decision-making capacity, but you don’t have an Enduring Power of Attorney and are wondering how to help with their banking?

My father was recently diagnosed with mild Alzeimher's and a local solicitor helped him write up a will. However, he said solicitors were reluctant to get involved with the new regime surrounding enduring power of attorney. The new rules say you can write it up yourself but a solicitor has to review and approve it. The solicitor said solicitors (in general) were wary of this because they can't be 100% certain of a person's state of mind and just approve a document put in front of them. And, more crucially, they have insurance so if something goes wrong, they could end up being sued!

Like I said, not a lawyer so take with a pinch of salt.

minispringroll

Thanks a mil, sorry about your dad aswell. The bank have also tried to speak to him but ultimately if he insists that he wants to send his money to a specific place, they have to take his instruction as its his money. I wonder how long this needs to go on before the decision makers of the country realise they've made a massive mistake passing this new law.

Flinty997

Literally no one wants to deal with this. Happens over and over. People will change all sorts of things before you realise there's an issue and they are sick. At which point you're in a catch 22.

catlaw

This is correct, only yesterday I heard of someone who was with a solicitor about their husband failing memory who is awaiting assessment, the solicitor said he won't be exercising the new system of signing off.

CrazyEric

Just a curveball but could you set up a "fake" crypto phone and someone talk to him and take all his money?? Might be an easy option but depends on how alert he is.