My mum has gone into a temporary care home for 28 days for assessment! She has recently been diagnosed with Dementia. I'm worried as I have'nt got an LPA in place and wonder if this is still going to be valid. She still has capacity but not sure if she will understand what an LPA is! Any suggestions would be helpful? Is there another document that needs to be in place? Thank you
LPA . . . is it too late for my mum!!
- Thread starter Roman223
- Start date
Hi
There is a section which involves someone other than the attorney explaining the process and making sure that the donor fully understands. I registered my husbands LPA shortly after he was diagnosed but was able to understand.
You can download the forms from the gov website and are easy to fill in.
Good luck
Jacqui
There is a section which involves someone other than the attorney explaining the process and making sure that the donor fully understands. I registered my husbands LPA shortly after he was diagnosed but was able to understand.
You can download the forms from the gov website and are easy to fill in.
Good luck
Jacqui
If your mum is unable to understand about the POA, then the only other alternative is to apply to the Court of Protection for deputyship
hi @Roman223
you can but try ....
www.gov.uk
the LPAs don't have to be explained in the legalise ... a plain English explanation can be given
you can but try ....
Make, register or end a lasting power of attorney
How to make a lasting power of attorney (LPA): starting an application online, choosing an attorney, certifying a copy, changing an LPA.
the LPAs don't have to be explained in the legalise ... a plain English explanation can be given
If your mum is unable to grant an LPA. has little or no assets. and her only income is DWP pension and benefits consider
https://www.gov.uk/become-appointee-for-someone-claiming-benefits
This is free and would enable you to handle her finances.
It may be worth while to forget a small amount of assets to avoid having to deal with the work involved in getting and administering a deputyship.
Deputyship for welfare is extremely rare.
https://www.gov.uk/become-appointee-for-someone-claiming-benefits
This is free and would enable you to handle her finances.
It may be worth while to forget a small amount of assets to avoid having to deal with the work involved in getting and administering a deputyship.
Deputyship for welfare is extremely rare.
Your Mum should understand what you are asking at the time she is asked. She does not have to remember what was discussed 10 mins later.
Anyone within reason can be the certificate provider, it does not have to be a professional. It could be a neighbour, a friend, or your mums hairdresser, provided they have known your Mum well for a period of time.
Normally, if you ask your Mum in simple terms does she wish you to look after her finances if she cannot look after them, and this is done in the presence of the certificate provider, then this is all you need. Obviously you need to discuss with anyone else who has an interest and they can be named on the form, and notified of its lodging.
Assuming you have no one who is going to question you being appointed as PoA, then it should still be a fairly simple process.
We did not get both PoA for Mum until after she had been diagnosed with Dementia. I asked a neighbour, a professional, who had lived next to Mum for 30 years to come in with me, and we all had a conversation where he just asked Mum if she wanted me to look after her money and property for her if she could no longer manage, and if she became ill did she want me to speak to Doctors on her behalf to make decisions on her treatment.
Mum was fully aware of what was being discussed during the time we were with her, but she would have forgotten the conversation 20 minutes later. The neighbour was then happy to act as certificate provider.
Anyone within reason can be the certificate provider, it does not have to be a professional. It could be a neighbour, a friend, or your mums hairdresser, provided they have known your Mum well for a period of time.
Normally, if you ask your Mum in simple terms does she wish you to look after her finances if she cannot look after them, and this is done in the presence of the certificate provider, then this is all you need. Obviously you need to discuss with anyone else who has an interest and they can be named on the form, and notified of its lodging.
Assuming you have no one who is going to question you being appointed as PoA, then it should still be a fairly simple process.
We did not get both PoA for Mum until after she had been diagnosed with Dementia. I asked a neighbour, a professional, who had lived next to Mum for 30 years to come in with me, and we all had a conversation where he just asked Mum if she wanted me to look after her money and property for her if she could no longer manage, and if she became ill did she want me to speak to Doctors on her behalf to make decisions on her treatment.
Mum was fully aware of what was being discussed during the time we were with her, but she would have forgotten the conversation 20 minutes later. The neighbour was then happy to act as certificate provider.
It may still be possible as others have said and certainly worth doing. I did my wife's Lasting Powers of Attorney (both finance and property and health and welfare) using the online system and found this very straightforward. This was completed shortly after diagnosis whilst she still had the ability to comprehend but not necessarily remember. A fsmily friend acted as certificate provider and we had a sociable signing session along with coffee and biscuits. If it is explained in sufficient but not too much detail, the certificate provider is happy that the donor understood at the time and is not being coerced, and she (the donor) is able to sign in the appropriate place then that ought to be enough.
The online LPA process is not daunting or difficult. It helps to know the terminology (as used in this post) and there is good guidance on this on the Gov.uk website.
Once a LPA is registered Office for the Public Guardian will issue a validated hard copy. it would be a good idea at that point to make some donor certified copies. These are useful when you come to use the LPA and a copy is requested by whichever organisation you are dealing with. It would be extremely unwise to let the original validated version leave your possession but a properly certified copy ought to satisfy requirements. In practice this is a photocopy of the validated document with a specific form of words on each page, some additional wording on the final page and the donor's signature on each page. I prepared the copies with the appropriate wording and then asked my wife to sign without further explanation.
The online LPA process is not daunting or difficult. It helps to know the terminology (as used in this post) and there is good guidance on this on the Gov.uk website.
Once a LPA is registered Office for the Public Guardian will issue a validated hard copy. it would be a good idea at that point to make some donor certified copies. These are useful when you come to use the LPA and a copy is requested by whichever organisation you are dealing with. It would be extremely unwise to let the original validated version leave your possession but a properly certified copy ought to satisfy requirements. In practice this is a photocopy of the validated document with a specific form of words on each page, some additional wording on the final page and the donor's signature on each page. I prepared the copies with the appropriate wording and then asked my wife to sign without further explanation.
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Northumbrian, could I ask if you have used the copies certified by your wife ie have they been accepted by banks, utility companies, medical needs etc? I have just done LPAs for myself and am thinking of certifying them myself to help my children but I’ve read that some organisations don’t recognise them
Thanks
Thanks
There is conflicting information here. If the PWD is not able to understand what an LPA is then she doesn't have capacity for that decision. She may have capacity for other decisions. As others say she only needs to remember her understanding for long enough to make a decision. She also must be capable of weighing up the pros and cons of deciding to make an LPA. But if she is not able to understand what an LPA is at all then she definitely doesn't have capacity to make one.
Never had any problems with certified copies being accepted (had them done by local solicitor). Also, made a scanned copy of the registered original, which has been accepted via email. Scanning can be done with a suitable app on mobile phone.
We did certified copies,, as @northumbrian_k and only once had a problem, when a junior member of staff wouldn't accept it. My sister asked to speak to someone higher up, and it was all sorted straightaway. We've used them with numerous banks, both high treet and private, with no problems.
I was advised by my solicitor to make sure that I had the financial LPA in place as our house is in joint name and should it become necessary to move for whatever reason we would not be able to do so if my husband was incapable of understanding and signing the relevant documents. This was something that hadn't occurred to me and was pleased that it was brought to my attention.
Yes I have used them when necessary to send to companies in order for me to act on her behalf. Only one had it's own silly rules and would not accept a donor certified copy. At her bank I showed the validated version and allowed a photocopy to be made. I checked that I had all pages before leaving the premises.
