Hello, I would like some guidance on the legal side of LPA. I have been reading the posts on this forum and they are very helpful, but everyones case is almost unique....so therefore hence the reason for this post.
The situation is this:
My mother remarried some 30 years ago to who is now my step-father (91). He was a practicing J Witness and my mother joined in and they lived in Cornwall. 2 years ago, their health, not what it was, my brothers and I decided that they should move closer to us here in Central Southern England. They don't have much as they lived in a residential Park home and did not get a great deal for it - so they are now in council rented. He is the subject of the LPA as he was diagnosed with Dementia when he was in Cornwall (2years ago). When he couldn't get to his meetings with the J Witness, he assumed that they would rally round and pick him up, as he had given up driving - but they didn't (not sure why) so his association with them dropped. The reason I'm explaining this is, I have heard that one of the questions that is asked to see if a person is 'of mental capacity', is who is the Prime Minister?. Well if you spend most of your life practicing a belief which does not involve voting - you may well not know who the Prime Minister is and over time, mentally block out any information regarding the subject automatically. I have donwloaded the forms from the OPG for both the finance and health sections and am now starting the process of filling them in. At the moment, he is cared for by my mother (83) and my brothers ex-wife who is a registered care worker. He does'nt get out much now, as his knees aren't as strong as they were (he was a motor racing mechanic, so spent alot of time on his knees)so there is no-one who he could call a friend of at least 2 years standing - only family visit which is myself and 2 other of my mothers 4 sons. We have asked him questions as to who he wants to look after him if anything happened to my mother and he is quite sure of his answer - me. He knows the people who visit, so I'm thinking he is not as bad as some would think...It seems a very slow on-set.
My questions are
- who do I contact first? Is it
......the doctor to access his current mental state? I'm assuming the doctors know what they're 'looking for...' or are there doctors who specialize in these cases... What is the criteria to access his mental state? I can't seem to get a definitive answer from anywhere...
......Or just a solictor to do the legal bit?
......Or just him, his attorneys and witness? In the case that he has no friends outside family, the witness could be the doctor...?
Of course, in this busy world, trying to get 'x' people in a room at a certain time, on a certain day, can cause problems on its own....
- One assumes that filling in the pdf forms can be done in his presence and all he will need to do is sign 'on the bottom line'.
I'm sorry if this seems trivial but most people I guess only go through this, a couple of times within their lifetime so are not really 'geared up for it..' as it were and so I am very grateful for any input here....thanks.
The situation is this:
My mother remarried some 30 years ago to who is now my step-father (91). He was a practicing J Witness and my mother joined in and they lived in Cornwall. 2 years ago, their health, not what it was, my brothers and I decided that they should move closer to us here in Central Southern England. They don't have much as they lived in a residential Park home and did not get a great deal for it - so they are now in council rented. He is the subject of the LPA as he was diagnosed with Dementia when he was in Cornwall (2years ago). When he couldn't get to his meetings with the J Witness, he assumed that they would rally round and pick him up, as he had given up driving - but they didn't (not sure why) so his association with them dropped. The reason I'm explaining this is, I have heard that one of the questions that is asked to see if a person is 'of mental capacity', is who is the Prime Minister?. Well if you spend most of your life practicing a belief which does not involve voting - you may well not know who the Prime Minister is and over time, mentally block out any information regarding the subject automatically. I have donwloaded the forms from the OPG for both the finance and health sections and am now starting the process of filling them in. At the moment, he is cared for by my mother (83) and my brothers ex-wife who is a registered care worker. He does'nt get out much now, as his knees aren't as strong as they were (he was a motor racing mechanic, so spent alot of time on his knees)so there is no-one who he could call a friend of at least 2 years standing - only family visit which is myself and 2 other of my mothers 4 sons. We have asked him questions as to who he wants to look after him if anything happened to my mother and he is quite sure of his answer - me. He knows the people who visit, so I'm thinking he is not as bad as some would think...It seems a very slow on-set.
My questions are
- who do I contact first? Is it
......the doctor to access his current mental state? I'm assuming the doctors know what they're 'looking for...' or are there doctors who specialize in these cases... What is the criteria to access his mental state? I can't seem to get a definitive answer from anywhere...
......Or just a solictor to do the legal bit?
......Or just him, his attorneys and witness? In the case that he has no friends outside family, the witness could be the doctor...?
Of course, in this busy world, trying to get 'x' people in a room at a certain time, on a certain day, can cause problems on its own....
- One assumes that filling in the pdf forms can be done in his presence and all he will need to do is sign 'on the bottom line'.
I'm sorry if this seems trivial but most people I guess only go through this, a couple of times within their lifetime so are not really 'geared up for it..' as it were and so I am very grateful for any input here....thanks.
