Adviser says do not get LPA

Discussion in 'I care for a person with dementia' started by percot, Mar 22, 2015.

  1. percot

    percot Registered User

    Jan 4, 2015
    11
    My mother needs someone to look after her money for her because she cannot get to the bank or do online banking so I think an LPA would be appropriate but an adviser from a national age-related charity has said that I should not get one. She thinks that the LA will have to take responsibility if there is no LPA. I don't understand this. Has anyone else had similar advice? She is in a care home with fees paid by the LA, less her contribution from pensions.
     
  2. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,418
    Adviser? Seriously misguided in my view. Now if your mother only has state pensions and benefits and you don't need to access any savings accounts, an appointeeship with the pension service might do the job, but if your mother still has capacity to grant an LPA then I would do it. I'd much rather control a family members assets than allow the LA to do it. However, is it possibly the the adviser meant deputyship?
     
  3. Kevinl

    Kevinl Registered User

    Aug 24, 2013
    4,661
    Salford
    There are 2 types of LPA, health & welfare or property & financial, certainly I think you should get the former so you can be involved in all the health matters, the second one depends. To be honest if there is no cash then leave it for the SS to sort out on the other hand if she's loaded don't, get independent advice.
    I would say get the LPA for her health issues then you have to be (in theory) kept informed of any decisions being made. The financial side may be best left to the SS if your mother's money is below the £23k level and she has no assets or is likely to be in that position very soon. If the situation is she's not well off and has no big assets then let them have the grief of dealing with it; banks, building societies all with £50 in the account. That's what I'd do.
    K
     
  4. lin1

    lin1 Registered User

    Jan 14, 2010
    9,322
    Female
    East Kent
    #4 lin1, Mar 23, 2015
    Last edited: Mar 23, 2015
    I would advise getting both LPA's. I certainly wouldn't have wanted the LA or any one else for that matter, dealing with my mums finances.

    Finance and property LPA , means you can deal with things like banks, utility company's , insurances, firms or private pension schemes on your mothers behalf and pay bills etc.

    For me the most important things with the health and welfare LPA is it give you the right for for example Drs to discuss the persons condition and treatment with you and they can't easily hide behind the rules of confidentiality ,though they may try, then you can wave the registered forms under their nose
    Bear in mind though this LPA can only be used when the person has lost capacity or is otherwise unable to communicate their wishes .

    Of course if their are no savings at all and the only income is the state pension and benefits then being made an appointee by the DWP , dept of work and pensions should suffice

    If you wish you can do the forms yourself , the Alzheimer's society can help.
    If you decide to use a solicitor , do shop around as their prices do vary.

    TBH I am rather concerned that adviser gave you that advise , it sure sounds wrong to me .
     
  5. Kevinl

    Kevinl Registered User

    Aug 24, 2013
    4,661
    Salford
    My point entirely, it depends on the financial status of the person involved and likewise:

    "For me the most important things with the health and welfare LPA is it give you the right for example Drs to discuss the persons condition and treatment with you and they can't easily hide behind the rules of confidentiality"

    Again likewise you need to have an LPA for health & welfare to be involved in her care.

    But I don't agree with shouted advise that getting "BOTH LPA's" it depends on the circumstances, health LPA is a given, financial much less so specially when it's shouted (although qualified later) both LPA's might not be the best option.
    K
     
  6. lin1

    lin1 Registered User

    Jan 14, 2010
    9,322
    Female
    East Kent
    #6 lin1, Mar 23, 2015
    Last edited: Mar 23, 2015
    kevinl I didn't mean to shout , will rectify that in a mo .
    Sorry Kevin but I wouldn't have let the LA deal with my mums finances no matter how little money she had ,but that is just me :)
     
  7. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,418
    I think "shouted" is rather strong. I know online, caps are considered to be shouting, but I think a lot of people use them as they are in the offline world: as emphasis.
     
  8. opaline

    opaline Registered User

    Nov 13, 2014
    182
    My second cousin is a financial adviser in my bank and she advised me to have a joint bank account with my mum as LPA dies with the person and that is what I did, x
     
  9. percot

    percot Registered User

    Jan 4, 2015
    11
    Thanks for all the comments. I am glad you agree with me. She does have some money but under the limit so she needs me to run her current account so she can get extra spending money and give birthday and Christmas presents.

    This forum is so useful.
     
  10. Pottingshed50

    Pottingshed50 Registered User

    Apr 8, 2012
    514
    #10 Pottingshed50, Mar 23, 2015
    Last edited: Mar 23, 2015
    When I read the advice given it left me feeling quite shivery. If that is a word. The thought of the LA dealing with Mum's day to day finances is to put it midly worrying. It has its risks if a family member has an LPA in some circumstances but 99% of us are honest Joes and have only our family members interests at heart.

    I have a EPA for my Mum , taken out before the new versions were on the scene. I look at my Mum's bank account on line every morning to make sure everything is OK. Just off to the bank at the moment to pay in her Premium Bond wins (bless her she is the £25 queen in my eyes) yes wins she had 3 this month. Now who at the LA is going to be dealing with those kind of things.

    What if Mum wants to give Christmas presents or birthday presents to Grandchildren or Great Grand Childen. Can you see someone in the LA doing that. Mum often needs underwear etc (she is in residential care) I buy it and take the money from her account at the bank, referencing each item.

    Please give it a lot of thought and yes I would say do please arrange for Mum to have a LPA.

    It is a the little things that matter.
     
  11. its a struggle

    its a struggle Registered User

    LPA articles from SAGA

    Sorry, can't post links yet but if you search the SAGA site for 'LPA articles' you can find lots of useful information.

    We have both for MIL - instigated by her after a horror story in 2010 about how the OPG (office of the public guardian) can, and will, decide what the family of a person who lacks capacity can spend their money on. Sounds a great safeguard but in practice there have been examples of OPG refusing to authorise money being spent on essential adaptations to homes. With a LPA in place the Attorneys selected by the donor can decide.
     

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