Completing LPA forms yourself

babystar

Registered User
Apr 10, 2013
132
0
Thanks for the explanations and definitions. The more I read the better I feel about doing them!

We are planning on my brother dealing with the finance, my sister dealing with the health, with me being a back up for both. So would I register as a joint or replacement attorney? Do you have to have a replacement? I am also assuming it is better to register as "severally" as opposed to "jointly" to give us a bit of leeway should someone not be able act?

I didn't consider partners being "persons who need to be told"! I guess because they are already aware; is there a benefit to officially naming them?

Re: certificate providers - we aren't able to get to a GP for a couple of months (don't ask!) and the person that best knows Mum is my brothers fiancee. Two questions: can she be a certificate provider or would this be classed as a "relative" and therefore a conflict of interest; and if she can be a certificate provider can she also go on the "persons who need to be told" list?

We did Mums will online and it was pretty simple. I'm sure these will be easier than what they appear as well, it's just a case of making sure we've done it all properly. Mum doesn't own her house or any assets so usually the less you own the less complicated it all is.

I printed all the forms off for both LPAs but I'm worried they may be in a muddle, or I've missed some etc. so have requested they be sent to me in the post. Also means we can practise on the ones we have already without having to worry about mistakes!!
 

nitram

Registered User
Apr 6, 2011
30,307
0
Bury
babystar

You will find the answers to all your questions and maybe the answers to questions you have not thought about in this guidance.

http://www.justice.gov.uk/downloads...nancial-affairs-guidance-large-print-1009.pdf

Depending on your reader you should be able to do a ctrl-s or ctrl-f to bring up a search box which will enable you to scroll down occurrences of a word or phrase, but I would advise a quick read through first.
 

ASPIRE

Registered User
Jan 9, 2014
18
0
cambridge
LPA Forms doing them yourself

We have had the LPA forms for about two months now and really want to push on with them. Just wondered if anyone has completed these themselves (as opposed to a solicitor) and how easy they were to do? There seems to be so much to fill in, and a bit of jargon (we couldn’t work out who the “people who need to know” would be!) and I think that’s why nothing has happened.

I’m assuming we will need to get a letter from the GP to say that Mum still has capacity to understand what it’s all about which may cause another delay as we can’t get her in until March…

l did not know anything about LPA when l looked into obtaining it. I asked a solicitor about costs and then contacted a firm who done them for you at a much lower cost
l was advised to download the forms off the internet which l did. I then decided to do them myself.
l phoned the office of the Public Gaurdian up and asked them what I needed to fill in. I phoned them everytime I was not sure of anything and a final call to them (to go through the completed form) before l posted it. l found them very helpful.

Aspire
 

babystar

Registered User
Apr 10, 2013
132
0
I ordered the forms online and received them a couple of days ago. It seems much simpler than looking at the pages and pages of info I downloaded, even though it's exactly the same, it just seems to make more sense.

So, now I am confident that I can fill these in with no problems. I am going to get on and do it as the other forms have been with my siblings for a couple of months now and they haven't made any progress with them.

However, I cannot think of anyone that can act as a certificate provider. Mum just doesn't interact with anyone outside the family. So people she did know don't really know her now. I was hoping my brother's partner would be able to do it but it can't be any sort of relation. She does speak to her neighbour but I don't know if she'd take the responsibility of it. There's the doctor but I am worried that they'll say she doesn't have capacity... and charge the earth to do it. I am not looking for someone to lie and say she has capacity if she doesn't, but I am now worried that we are too late :(

How do they determine capacity? I read in the advice that the certificate provider should discuss with the donor why they are making the LPA, what they understand of it, why they have chosen the attorneys they have named etc, etc, etc but Mum wouldn't be able to talk about it at all. She can hardly have a conversation, let alone a discussion about something. She has adopted a habit of repeating everything you say to her ("Do you want a cup of tea?" - "Do I want a cup of tea?", "I'm going to take the dog for a walk" - "You're taking the dog for a walk"), along with all the problems with simple things like meals and medication that she's having, how can she possibly be deemed as having capacity to understand what these LPAs are all about?

I know that she just has to be having a "good day", that she has to understand what it means at the point of being told about it, but not necessarily all the time, but if we have to go down the doctor route I think there is no chance of them agreeing to it.
 

babystar

Registered User
Apr 10, 2013
132
0
Funnily enough after posting all this we have just had it from the doctor's mouth that there's no way Mum can be deemed to have capacity. Now to figure out the next move...
 

Saffie

Registered User
Mar 26, 2011
22,513
0
Near Southampton
Funnily enough after posting all this we have just had it from the doctor's mouth that there's no way Mum can be deemed to have capacity. Now to figure out the next move...
Looks like it will have to be Deputyship unless your other has already signed the LPA forms.