Enacting an LPA

[LeagleAlien]

Hello everyone,

I posted an introduction on the correct thread for that and appreciate everyone's comments and feedback. I had a Best Interests meeting today and it was stated by the Community Mental Health Team & Social Services that mother no longer has mental capacity to make her own decisions. We had an LPA all signed & certified last year for this eventuality. My question is: Do I need documentation from her GP or consultant or either of the above parties stating that she no longer has mental capacity? I thought there might be some sort of official next step, but the attendant parties at today's meetings weren't so sure. They seemed to think that as long as the LPA was in order, it was effectively enacted. I obviously want to cross t's and dot i's before making any decisions on mother's behalf. (FYI, my brother, currently not in the country, is also on the LPA; it's "joint & several.")

Leagle

 

[Amy in the US]

Leagle, I'm sorry that I can't advise, but others here can and will. I just wanted to say hello and hope that things are going as well as they can and send continued best wishes your way, for you and your mother.

 

[Shedrech]

hi @LeagleAlien
as long as you registered the POAs with the OPG, then they are good to go - nothing more is needed - you as Attorney know that your mother is no longer considered to have capacity to manage her affairs, so you can take over
in many ways, you have more 'official' notification, from what you say in your post, than many who go ahead and take on the Attorney responsibilities

 

[Beate]

As long as you had it properly registered with the OPG, you're good to go. A finance LPA can be used before capacity is lost as long as the donor agrees, a health & welfare LPA once capacity is lost. I've never known anyone actually ask for proof of capacity, and as both CMHT and SS agree on this point, you really are good to go.

To take over your mother's finances you need to let the financial institutions know by either sending a certified copy of the LPA. or making an appointment with the bank and seeing them in person. They can make a copy of the LPA there and then. When I had my appointment with Nationwide, they were extremely friendly and knowledgeable. I had to present ID, they took note of everything, then they sent me a cheque book and debit card for his account with the letters POA before my name. Internet banking stayed exactly the same.

A health LPA can be needed when dealing with SS or NHS so basically whenever I came in contact with them I let them know I was attorney, and if they wanted a copy, I gave them one for their file.

 

[LeagleAlien]

Thanks for your replies. I really thought it was going to require more paperwork, and am relieved to know otherwise. I have the original LPAs with me if needed. I handled the finance one yesterday though it was a very tough moment in life when I had to answer "no" to the question, "Does your mother have the mental capacity to handle her own finances?"

 

[Shedrech]

hi @LeagleAlien
I may be misunderstanding - are you using the original POA documents - you may be wise to get a few certified copies and use those when needed, keeping the originals in a very safe place as they cannot be replaced, but you can always use them to get more certified copies

 

[LeagleAlien]

Fair observation. My brother had needed the original when first dealing with the bank and in case we came up against any similar hurdle while dealing with mother's health care, we made sure I had the original with me. Better safe in that regard than sorry but I don't plan on carrying it around with me. Cheers...

 

[Beate]

I never had a single certified copy done. I tried to but everyone was charging silly money. So I took the original to my appointment with the bank and they copied it. I did the same with O2 about his mobile phone contract - just walked into their nearest shop and waved it in their faces. The lovely Irish Pension Service was happy with a normal copy in the post, and all the medical/social professionals were happy with an ordinary copy too.
I think as long as you're present while they photocopy the original and immediately check that you have all the pages back and none was left in the photocopier, you should be fine. Of course, some institutions like insurances etc might want a certified copy in the post.

 

[theunknown]

I had to go through the courts so I have about six certified copies of my deputyship order. It varied quite a bit depending on which financial institution I was dealing with (Nationwide and the Co-Op Bank were very good), but many of the staff have never heard of 'deputyship',which provides added complications for someone newly in charge of finances. I only handed over original certified copies in person, and the copies taken by the bank were stamped to show that the original had been seen. I'd advise that if you have to send a certified original copy through the post to send it by recorded delivery with a covering letter that you want it returned to you in the same way.

 

[Amy in the US]

Leagle, I hope you are able to make progress with the paperwork and admin side of things (I detest it, personally) and get what you need.

I know that knife-in-the-gut feeling of having to answer those sorts of questions. I'm sorry.

I had to hand over the original (American here, so different system) PoA for a transaction for my mother last year and I sweated the ten days it was out of my hands. It is not replaceable as she has definitely lost capacity.

When I do have to take the original PoA somewhere I actually don't let it leave my sight. That usually means carrying it everywhere I go that day, the bank, the attorney, the grocery store, the library.…I had to wait so long to get it that I'm not taking any chances!