How to persuade dad he needs to register LPA?

[Sirena]

I'm glad your dad has agreed now emsie - for the time being at least. That is good progress.
Rather than adding a clause about the LPA only coming into effect when he has lost capacity (which I agree is likely to cause issues) maybe your father could do what my mother did. She left her original LPA with the solicitor who drew it up. When I needed to use it, she had to authorise it by writing to him. I wasn't sure if she was capable of writing a letter, so I typed it and she signed it. Would that kind of measure help to stop him fretting about what would happen?

 

[Canadian Joanne]

Do the LPAs have to be signed at the solicitor's office? Here we can download the form from the Public Guardian and Trustee. it has to be witnessed by 2 independent persons. I simply printed it out, and left it in Mum's room at the retirement home. Every time I went in, I would pick it up and say "Well, we'll have to get around to this soon". One day I asked if she wanted to get it out of the way and she agreed. So it was done. But I realize it may be quite different in the UK.

 

[Duggies-girl]

Do the LPAs have to be signed at the solicitor's office? Here we can download the form from the Public Guardian and Trustee. it has to be witnessed by 2 independent persons. I simply printed it out, and left it in Mum's room at the retirement home. Every time I went in, I would pick it up and say "Well, we'll have to get around to this soon". One day I asked if she wanted to get it out of the way and she agreed. So it was done. But I realize it may be quite different in the UK.

No a solicitor is not required in the UK Dad's neighbours witnessed his.

 

[emsie]

Thanks ever so much, everyone! Sirena, I might see if your approach would work if he continues to be either reluctant or anxious about it.

emsie

 

[jenniferpa]

I'm of the opinion that leaving it with a solicitor with the requirement that it can only be released with a letter signed by the donor, is basically defeating the point of having an lpa in the first place. I'm sorry, but I just think that's a fairly bad idea.

 

[Sirena]

I'm of the opinion that leaving it with a solicitor with the requirement that it can only be released with a letter signed by the donor, is basically defeating the point of having an lpa in the first place. I'm sorry, but I just think that's a fairly bad idea.

I can completely see why you say that, I didn't know that my mother's had been done that way and I didn't have any input. I assume it was because my she did it well it advance, before she had dementia, I don't know and can't ask her now. But if it helps to get someone agree to do an LPA, it has to be better than them just *not* doing it. At least it's completed when the PWD has capacity and is there and (almost) ready to go.

 

[Beate]

But you most likely are going to need it when she has lost capacity which is when she will no longer be able to sign any letter. If you want her to sign the letter while she still can, what is the possibility she won't sign it? I think this caveat completely defeats the purpose and might make it impossible to use the LPA at all, especially with someone like emsie's Dad who is not happy to sign anything in the first place.

 

[Shedrech]

hi @emsie
would it help to assure your dad that any LPA for property and finance is set up on the understanding that any Attorney can ONLY help manage the donor's affairs with the donor's permission for as long as the donor has capacity; the Attorney can only take on full management when the donor no longer has capacity - so your dad is in charge (yet his Attorneys have the reassurance that they can take over when they need to)
the LPA for health and welfare only comes into effect when the donor no longer has capacity
so completing LPAs and having them registered straight away (don't wait) with the OPG in no way means the Attorneys immediately take over, that may only happen years later, depending on circumstances

you might also mention that Martin Lewis money-saving guru says every adult with money and property should have LPAs in place for just in case - check his website

and maybe all the adults in your family could fill in forms, even including your dad as an Attorney (have 2 joint and several and a named replacement) so he isn't singled out

 

[Sirena]

But you most likely are going to need it when she has lost capacity which is when she will no longer be able to sign any letter. If you want her to sign the letter while she still can, what is the possibility she won't sign it? I think this caveat completely defeats the purpose and might make it impossible to use the LPA at all, especially with someone like emsie's Dad who is not happy to sign anything in the first place.

I mentioned it to emsie as a possible last resort, i.e. if it is the only way of getting him to agree to do it. If he won't do it any other way, you haven't lost anything, he might well sign it at the right point, and it's better than simply not doing it at all.

It didn't cause an issue with my mother. I suspect (although I don't know) she would have been considered to have capacity at the point she signed the letter. She signed because 3 years ago she got into a mess with her telephone banking which caused her a lot of anxiety. She couldn't remember her passwords to transfer money and kept getting overdrawn and her rent didn't get paid, so she knew she needed help and I told her that was the way I could help her.

But if emsie can persuade him to do an LPA without that caveat, obviously all the better.