My uncle who also needs to sign has power of attorney for my nan, myself and my uncle have along standing feud. My uncle has said he would sign the document but will not sign for my nan as she has said she doesnt want to sign it. Can my uncle do this as my nan has no capasity .How do we know that my nan has even said this
However, if I understand correctly, your uncle would have to sign only b/c he is proxy under a POA for your Nan, is that correct? He doesn't hold any interest himself? So you might have to challenge his authority as proxy and not acting in the best interest of your Nan?
This gets complicated right from the get-go.
And if your Nan has dementia, perhaps she can't sign?
I'm afraid it seems as if this is an unwillable battle, but I know nothing about overage agreements and council approvals, so I think you'll have to get legal representation if you're determined to pursue this.
Just out of curiosity, are you somewhere in the UK? If so, I think one of the UK posters might be able to offer better suggestions than I can.
Are you trying to get your uncle to add you as proxy to a POA for him or for your Nan (which I assume would be the case). If your Nan doesn't want to sign any POA, she doesn't have to. She can't be forced.
However, if she has dementia, is she able to understand what it is you're asking? Since you write that she "has no capacity", I assume this means that she isn't able to understand the impact of specific legal documents?
As to how you know that she allegedly has or has not said something, you don't know unless she can confirm one way or the other.
Perhaps you could tell us what it is you're trying to accomplish as it's not really clear. Do you want to get authority to make placement arrangements? To manage finances and plan for eventual care?