LPA help

[Carol AFGW]

Hi everyone, new to this site and just had confirmation that my husband has Alzheimers – I have been without any help up to this week and at the moment only phone calls and info, I have been advised to do a LPA as soon as possible as my husband is still able to sign for himself – I have read through the on line info and due to covid makes it difficult to gather too many people together so am wondering how many witnesses are necessary at the signing, our friend and long time neighbour will be the certificate provider, what I want to know is can she also witness my husband sign as donor and me as attorney. I want to do both property and finance & health & welfare. I can not seem to confirm if she as certificate provider can also sign as witness to all our signatures on both LPA’s. Would be grateful for any help.

 

[Sarasa]

Welcome to @Carol AFGW to Dementia Talking Point, though sorry that your husband's recent diagnosis is the reason you are here. You'll find lots of help and support here, it's a very friendly place.
These pages might help you with not only the LPA but other things as well.
Get support | Alzheimer's Society
The Government site might also help - Lasting Power of Attorney.
When we did it for my mother we did it through a solicitor as that is what she wanted. It is pretty straightforward, and a lot cheaper to do it yourself though. Although we did the majority in the solicitors office we took it away so that my husband and my brothers wife who weren't there that day could be back up attorney's in case anything happened to my brother and I. It is probably worth having more than one attorney if you can. Just at the time we really needed to use the LPA as my mum needed to go into a care home and we needed to sell her flat my brother became seriously ill. The fact that we'd set things up jointly and severally meant I could do all the paperwork with selling the house by myself.

 

[jennifer1967]

i phoned dementia connect and they set up an appt on the phone and then when things needed signing they told me in what order as there is an order for people to sign the form. my son wasnt local so we sent it to him and he sent it back. ive only had both for about 3 months and was sorting it during first lock down when my husband was shielding

 

[MaNaAk]

Welcome Carol,

If you look at the Covid website and what you can do in your tier you should find that you can go ahead with legal matters like these. You may be able to complete the signings with witnesses outside.

MaNaAk

 

[Linsac]

I have just done my mum's LPA for health and welfare. Our certificate provider also acted as the witness. I hope that helps.

 

[Lynmax]

My mum insisted on using a solicitor for her LPAs and the solicitor certified that she had capacity to understand, witnessed mums signature and also witnessed my signature as attorney and also my sisters as the other attorney.

So it must be acceptable but the OPG website has very clear guidance on how to complete the forms so it is worth looking at it for clarification.

 

[Carol AFGW]

I have just done my mum's LPA for health and welfare. Our certificate provider also acted as the witness. I hope that helps.

Thank you for your reply could I ask if your certificate provider acted as witness to your mum and to yourself (I am presuming you are the attorney) ? Did you do both LPA's ?

 

[Louise7]

Hello @Carol AFGW It's a really good idea to have both financial and health & welfare LPA's as both are likely to be needed when capacity is lost. When Mum did her LPA's her neighbour was the certificate provider for both LPA's and witnessed Mum's and all of the attorney signatures (me and my sisters). The OPG guidance confirms that the certificate provider can act as witness to both the donor and the attorney(s) - see the section headed ‘more information’:

Your certificate provider can witness your and your attorneys’ signatures.

https://www.gov.uk/government/publi...ing-power-of-attorney-a-guide-web-version#A10

 

[Linsac]

Thank you for your reply could I ask if your certificate provider acted as witness to your mum and to yourself (I am presuming you are the attorney) ? Did you do both LPA's ?

Hi yes she did. Mum had the finance/property one done with the solicitor years ago but I did this one, the health and welfare myself using the on line forms. it has been accepted and we are just waiting for it to be sent to us.

 

[Carol AFGW]

Hi yes she did. Mum had the finance/property one done with the solicitor years ago but I did this one, the health and welfare myself using the on line forms. it has been accepted and we are just waiting for it to be sent to us.

Thank You - just getting them ready to sign and send on their way.