Help needed with Lasting powers of attorney

[wdfortyplus]

I'm aware this is something that needs to be in place; should mum lose mental capacity and not be able to make a decision for herself.

However, how do i get mum to understand that this is not 'will writing' and something completely different.

Mum is losing the ability to write her name (mum was such a beautiful writer!) and this has me worried....how important it is for LPA to be completed and registered. Mum still independant to a degree.....but not retaining conversations etc; the changes in mum are immense in my view; but getting someone else to see this is like I'm talking to a wall..........any time mum has been at the doctors I try to elaborate....they ignore what I'm saying.

Communication with her GP is complete mindfield. I have to be in same room as mum when talking to her doctors on phone,.this is not always possible since I don't live close to mum and can't always be in the same room as my mum! They fail to understand this.

Should I just organise a home visit from a solicitor? I just need some input to how to move forward on this. Sooner is done then can get it registered. But losing time on this....and see it is seriously important!

 

[KTY]

You can visit a solicitor yourself to discuss this. What they will advise is to double check your finaical situation, where money is kept, if she ended up in a care home they will take the lot. The LPA is one option but I think now they do things differently you can become a deputy for your mum. It holds the same degree as an LPA but easier to asscertain. My advice would be book an inita meeting yourself with a solicitor and start the discussions, it can take a while to process, your mum doesn't need to be able to sign anything for this, so don't panic about that. You can do this without your mums input..

 

[hollycat]

The way we approached it with mum was to say do you want US to look after you or the COUNCIL, when it came to doing LPA as she too kept saying I have done a will.

Slight white lie about the council taking over, but that said, if no LPA in place and nobody willing to act as a DEPUTY under COP, the council would take over. Knowing the council would take over, we knew would NOT meet with mums approval.

Rang OPG, got free packup sent in post, read all guides, completed forms ourselves and got mums consultant to sign them off.

Cost to register 2 LPA £260 plus £150 for consultant signature (you can get the signature done free of charge, we chose consultant as she KNEW if mum lacked capacity and it was touch and go).

For you info, we found the attendance allowance forms far harder to complete than LPA. The OPG are great at answering any questions you may have.

 

[jenniferpa]

You can visit a solicitor yourself to discuss this. What they will advise is to double check your finaical situation, where money is kept, if she ended up in a care home they will take the lot. The LPA is one option but I think now they do things differently you can become a deputy for your mum. It holds the same degree as an LPA but easier to asscertain. My advice would be book an inita meeting yourself with a solicitor and start the discussions, it can take a while to process, your mum doesn't need to be able to sign anything for this, so don't panic about that. You can do this without your mums input..

I'm sorry but I really have to take issue with this advice. It most certainly is NOT easier to become a deputy. It's more expensive, more time consuming and is only to be considered as a last resort . It's good that the deputyship option exists, because if a person loses capacity, that is the only way to handle finances, but it's a major error to think that becoming a deputy is "easier" to attain.

wfortyplus: you say you may not be able to make your mother understand that this is not a will. That makes me wonder whether she has already lost capacity: when it comes to making an LPA you don't really need much in the way of memory but you do need to be able grasp (at the time) the basic idea of "I'm doing this so X can look after my my finances if I can't".

I assume the reason you say you have to be in the same room is that your mother needs to give the GP permission to talk to you? That can be difficult. I don't think it's going to help you with this specific issue, but have you ever used 3 way calling? I did when I was trying to sort out assorted bills. It's not cheap but cheaper than getting on a plane.

Anyway, I digress. As I see it you have two options at this time - get a solicitor to visit (and for that you might like to look at http://www.solicitorsfortheelderly.com/) or alternatively download the forms from the internet, and if you have someone ( a neighbour, a vicar, whatever) who has know her a minimum of two years get them to sign as a certificate provider. I would only go that second route if there are no other family who might take issue with the LPA and also, of course if it's clear to the person acting as a certificate that she has sufficient capacity and understanding to grant this LPA.

 

[Saffie]

You can visit a solicitor yourself to discuss this. What they will advise is to double check your finaical situation, where money is kept, if she ended up in a care home they will take the lot. The LPA is one option but I think now they do things differently you can become a deputy for your mum. It holds the same degree as an LPA but easier to asscertain. My advice would be book an inita meeting yourself with a solicitor and start the discussions, it can take a while to process, your mum doesn't need to be able to sign anything for this, so don't panic about that. You can do this without your mums input..

Firstly, I would certainly go for the LPA rather than the Deputyship if at all possible. If your mother understands roughly what the LPA is for and can sign her name that should be ok. A Deputy is in fact a 'deputy' for the court and is under far more scrutiny than someone holding an LPA. It is also decidedly more expensive and those expenses can be ongoing, depending on the amount of capital help by the person. I am a Deputy for my husband and although I managed all the forms myself, including the sale of a holiday chalet, it was an onerous task!

Secondly,I wonder who is being accused of 'taking the lot' as the Local Authority will not do so. If your mother enters a care/nursing home, or requires carers at ahome, her financial assests will be taken into account and if her assets are over £23, 250, she will be expected to fund her own care fees. That does not mean that anyone is taking all the money, how much is spent will depend on the cost of the home and the length of time your mother is there. If her financial assets are below the threshold, the LA will contribute towards those fees.

 

[lin1]

Communication with her GP is complete mindfield. I have to be in same room as mum when talking to her doctors on phone,.this is not always possible since I don't live close to mum and can't always be in the same room as my mum! They fail to understand this.

Thankfully we did not have this problem when mum was around but I know others on here have, I beleive their is a form you can get from the gp so that mum (if she is willing) gives them permission to discuss things with you, if possible go with mum next time she see's gp and ask mum if she is happy for the gp to talk to you if so ask for it to go on record

Im sorry I have not reread you previous threads so I apologise if you already do this,
Keep a diary of all the problems mum has and show this to the gp
it seems to register with some gp's better if they see it in black and white

 

[wdfortyplus]

walled out...

Thankfully we did not have this problem when mum was around but I know others on here have, I beleive their is a form you can get from the gp so that mum (if she is willing) gives them permission to discuss things with you, if possible go with mum next time she see's gp and ask mum if she is happy for the gp to talk to you if so ask for it to go on record

Im sorry I have not reread you previous threads so I apologise if you already do this,
Keep a diary of all the problems mum has and show this to the gp
it seems to register with some gp's better if they see it in black and white

When I have been visiting mum and attended the doctors with her; I've explained to them about her memory loss. . .blank wall. Cos they see her responding on the day in 'their time slot' then they don't see the issues....which to me is 'walling out the problem'..and saving them on budget!

In a meeting with the doctor and the surgery manager and mum and me and my partner I asked outright is there something mum can sign that gives them authority to speak to them about her medication etc; they said 'NO!' nothing can be 'blanket statemented' as such; mum has to be present every time if I want to talk about things. When I phone up they say we need to make a call to your mum to ask permission (of course patient confidentiality!) they don't call back. Of course this could be the fact mum has said 'no'. But I'm left in limbo waiting! I had to fight just to get the meeting!
Communication is not great with mum's doctors. Even though I have from my end tried all I can to be clear about is mum's care I'm interested in. I've asked them to notify me if they change her meds; nothing. Comes back to 'patient confidentiality' issues....which I respect but to me they use that for saving themselves the extra work! I don't hold a lot of faith with mum's doctors.

 

[wdfortyplus]

thank you to all advice given..

thank you for your input...needed to have some kind of input and to weigh up the options as such....most appreciated.

 

[hollycat]

As I understand our registered LPA, as mum is still considered to have capacity, we can put the financial LPA into action immediately. However, for the health LPA, I believe that it does not become effective till mum is declared LACKS CAPACITY.

Just passing this on with regards to your comments about the doctor.

 

[ArfanB]

As I understand our registered LPA, as mum is still considered to have capacity, we can put the financial LPA into action immediately. However, for the health LPA, I believe that it does not become effective till mum is declared LACKS CAPACITY.

Just passing this on with regards to your comments about the doctor.

Will Just back up the above comment; you can act with a LPA for Financial affairs while the donor has capacity in decisions he wishes you to, though Health and Welfare as rightly pointed out only comes into play after a loss of capacity.

Thought note before you can use them they have to be registered either way.