Expert Q&A on "Lasting Power of Attorney with the OPG" 01/02/17

[Saun_A]

Many people with dementia will eventually reach a point where they are no longer able to make decisions for themselves – this is known as lacking ‘mental capacity’. When this happens, someone else – often a carer or family member – will need to make decisions on their behalf.

Our next Q&A will be on the topic of "Lasting Power of Attorney with the OPG" – covering topics like whether you need a solicitor, what happens if you don't make an LPA and whether you can still make decisions for yourself after completing the forms.

Helen from the Office of the Public Guardian will be answering questions on Wednesday 1st of February from 12:30 - 1:30 pm

If you have any questions you'd like to ask, you can post there here, or if you prefer, you can email your question to us at talkingpoint@alzheimers.org.uk and we'd be happy to ask them on your behalf.

Thanks

 

[nitram]

Only the bit that you sent them and they returned stamped and pierced across the bottom.

If you take more the bank should be able to sort it out.

It's best to have certified copies, either by a solicitor or, if the donor still has capacity, self certified.

The documents you received may have told you about certification, if not post back.

 

[Beate]

Take the entire LPA document and some form of ID. When you make the appointment, they can tell you what they need to see. If you take the original document, they can make a copy, but be careful you get all pages back. Otherwise it might be best to hand over a certified copy. The bank will only need to see the financial LPA.

 

[Morty]

I need to do this poa asap,in southern ireland,Dads bank accounts etc are already frozen
Mum be ok with signing etc,do i need a solicitor etc? Have been to citizens advice but it confused me tbh

 

[nitram]

For bank accounts in Southern Ireland you will not be able to use a UK LPA.

Details of the Irish system are on

http://www.citizensinformation.ie/en/death/before_a_death/power_of_attorney.html

 

[love.dad.but..]

Another current thread has led me to this question. I have used Dad's health poa for him for 3 years when it was recognised a nd agreed by all professionals dad lacked mental capacity. I am completing my forms neither the health guidance notes or the form state that when it is time for the attorney to take over from the donor do the OPG have to be notified if the LPA has already been registered. Is this requirement hidden in writing within the mental capacity act?The forms only state that if a replacement attorney takes over the OPG must be informed in writing.

 

[nitram]

With LPA the OPG do not need to be notified when a H&W power is being used.

 

[love.dad.but..]

Thank you Nitram that is what I thought and how I started using health LPA for dad but something I read on another thread made me doubt myself.

 

[Bellapais]

Changing our will

Hello,
My husband has Alzheimer's dementia and although physically well, he is totally reliant on me to meet all of his needs.
I have POA (financial) and I would like to know if I am entitled to change our joint will which was made many years ago. After leaving property/savings to each other, following both of our demise, I wanted to change the beneficiaries.
Many thanks,
Bellapais

 

[nitram]

By joint will, did you mean mirror wills?

You can change yours, you can't use your POA to change your husband's.

Your husband can only change his if he has testamentary capacity.

If you own a property as joint tenants on the first death the property will pass to the survivor outside of any will.

If the property is owned as tenants in common each half will pass according to any will'

If your property is owned as joint tenants you can change it to tenants in common, you do not need your husband's permission you just have to inform him, this would mean that if you predeceased him and had made a will leaving your share of the house to A N other only half the value of the house would be available to fund care.

https://www.gov.uk/joint-property-ownership/change-from-joint-tenants-to-tenants-in-common

 

[nitram]

Direct question.

Is granting LPAs as important as making a will?

 

[Rootshalle]

Enduring POA (EPA)

Hi,
May I ask a question about Enduring Power of Attorney? It is quite specific. I am going through the EP2PG registration form. Within Part Six it asks for the date that the donor was given notice that I (the attorney) intend to register the EPA with the Court of Protection.

Mum's condition has worsened gradually over the years. I initially got the EPA signed back in 2007. She went into a care home in late 2008.

I have used the EPA in an 'unregistered' form and it has worked OK. Now I need to make some financial arrangements where the entity I am dealing with require registration.

Mum has lost mental capacity now and to advise her of my intentions would not be understood. I couldn't put an exact date on her loss of capacity.

I know it is important to make clear & honest statements on the form.

What date should I use on the form? Any ideas? The date she went into a care home? I can put some notes into Part Twelve on the form for additional notes if needs be.

Any advice welcome.

regards R

 

[Saun_A]

Great questions everyone, keep them coming. Cheers.


Sent from my iPhone using Talking Point

 

[Oh Knickers]

Going to OPG

Were I to go the OPG in confidence over concerns over a parent's capacity how confidential is this likely to be? Hoping GP will be the one to raise the alert on capacity.

I have a challenging sibling who is causing enormous stress all round (residential home, carers, siblings). This sibling is determined to be in total control. However, there are 3 of us and we all have LPOA for health and Welfare. I am scared of a nuclear war were it known I had gone behind backs.

 

[AngelaM]

POA Health & Welfare

Many people with dementia will eventually reach a point where they are no longer able to make decisions for themselves – this is known as lacking ‘mental capacity’. When this happens, someone else – often a carer or family member – will need to make decisions on their behalf.

Our next Q&A will be on the topic of "Lasting Power of Attorney with the OPG" – covering topics like whether you need a solicitor, what happens if you don't make an LPA and whether you can still make decisions for yourself after completing the forms.

Helen from the Office of the Public Guardian will be answering questions on Wednesday 1st of February from 12:30 - 1:30 pm

If you have any questions you'd like to ask, you can post there here, or if you prefer, you can email your question to us at talkingpoint@alzheimers.org.uk and we'd be happy to ask them on your behalf.

Thanks

We have POA for my MiL who has Alzheimer's but live 300 miles away. MiL is currently in hospital but medical staff are not involving us with her care plan. What is the point of having a POA for health & welfare if we aren't being consulted about anything?

 

[nitram]

The hospital staff need proof that you have POA, you would not be happy if A N Other rang in saying that had POA and the staff co-operated.

You could offer to email/FAX them a copy.

As a longer term provision you could try and get it noted in her health records by her GP in a way that any hospital would have access.

Setting up a password with the hospital is another way but unfortunately any password may only be valid for a discrete admission.

 

[Saun_A]

Hi everyone,

We'll be starting our Live Q&A Session in just over an hour. Stay tuned and keep your questions ready!

Kind regards,

S.

 

[OPGOfficial]

Welcome to the OPG Q&A Session

Hi, I'm Helen from the Office of the Public Guardian.
I'm here to answer any questions about Lasting Powers of Attorney.

 

[Saun_A]

Hi, I'm Helen from the Office of the Public Guardian.
I'm here to answer any questions about Lasting Powers of Attorney.

Welcome Helen, on behalf of everyone, I'd like to welcome you to Talking Point.

Kind regards,

S.

 

[OPGOfficial]

Hi I have registered as attorney for my partner on both health and finances but have not needed to use them yet. When the time comes what document so the bundle do Intake to the bank please, thank you.

You will need to take the Property and Finance LPA into the bank. This LPA has 11 sections and is normally 16 pages.