In theory yes, but one member recently said a financial institution - I think it was a bank, someonelse might remember - refused to accept a copy certified by the donor (i.e. in this case the MIL).if your MIL still has capacity she can certify the copies herself.
Thank you thats really helpful Shedrech. Sadly though she has only recently recieved a diagnosis her lack of capacity to make health and welfare decisions was the factor that triggered her doctor to refer to the memory clinic. I should have made that clear sorry. It has all been really difficult, doctors refusing to talk to us while at the same time expecting us to make informed caring decisions with no information. She is still refusing to access any support or care but at least now we are in the loop. The diagnosis has opened doors I think even though I know capacity doesnt work like that.hi @Lyd
you mention that your MIL was only recently diagnosed
a diagnosis doesn't of itself mean that the person no longer has capacity to manage their own affairs, that may not be the case for some years
lots of things can be done, by someone helping, with the person's permission
if the LPA for finance & property has been registered with the OPG then the Attorneys may help with tasks, following the donor's instructions, eg write a change of address letter for the donor to sign
it may be that your MIL has capacity to make decisions, so your responsibility is to support her in taking action
the LPA for health and welfare only comes into effect when the donor no longer has capacity
I didn't contact any bodies with the LPA until dad no longer had capacity (he'd moved into his care home by then and couldn't manage his affairs) ... until then, his bank were happy to know that the LPA was in place and that dad had given his permission to have me help him in front of his account manager ... in fact, when I took the certified copy of the LPA to them so that I could take on full management of his accounts, the manager was careful to check that dad could no longer manage his affairs (I took in confirmation of his move into the care home) because according to their regulations, dad would have no more access to his accounts himself (I believe other banks may allow some access as agreed by all parties concerned)
in effect, by 'actioning' an LPA with an institution an Attorney is confirming that the donor no longer has the capacity to manage their own affairs for themselves and therefore the Attorney is taking on full control, acting in the best financial interests of the donor
I just wanted to mention this in case you thought the LPAs had to be 'actioned' on diagnosis rather than when the donor no longer has capacity ... it definitely is best to have LPAs registered with the OPG as soon as they are completed, so they can be kept safe and are 'good to go'
they talk to us now but not until I refused to talk to them back in a series of convernsations which included this one:ah, then it's good you do have the LPAs in place, and available to waft under the noses of all concerned (though do not let the originals out of your sight and grasp) … I'm really not sure why the medics won't consult with you, as family and Attorneys you have a right to be part of discussions
maybe have a chat with your mum's GP and ask that the LPA be written on your mum's medical notes, so at least you can then refer any other medics to her records