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Are LPA's necessary?

Discussion in 'I have a partner with dementia' started by SandraKD, Jan 29, 2019.

  1. SandraKD

    SandraKD Registered User

    Nov 26, 2018
    37
    Do I need to get LPA's in place when we have been married for over 36 years, have a joint bank account which pays all the direct debits etc., most of which are in my name?
    Thoughts and opinions always welcome
     
  2. kindred

    kindred Registered User

    Apr 8, 2018
    2,202
    I have LPA finance though not for welfare. Too late to get the latter now, anyway. It's one of those formalities it's simply best to do and get in place. Things change, protocols change. My opinion would be get it done. Warmest, Kindred.
     
  3. Beate

    Beate Registered User

    May 21, 2014
    11,719
    Female
    London
    Yes, yes and yes again. If your bank ever got wind of the fact that your spouse had lost mental capacity, they could freeze your joint accounts to protect their money - and then what? Also, if your spouse was the one with the lesser income or savings, it would make sense to separate your accounts - otherwise exactly half of all joint savings are calculated in any financial assessment on care costs.

    Plus, the health & welfare LPA is becoming increasingly asked for by medical professionals or care staff, and that one has nothing to do with finances, while being equally important.

    The forms are streamlined, logical and easy to fill in DIY, and registration costs only £82, or even less if the donor is short of money. That is a very cheap price to pay for peace of mind!
     
  4. marionq

    marionq Registered User

    Apr 24, 2013
    5,861
    Female
    Scotland
    It is so simple when you are asked if you have it and the answer is yes. No further questions. For some that will be enough others will want a copy. They may take one from The original or ask for a certified copy or in the case of our dentist a copy scanned to her computer was fine. There are such a lot of problems as a carer that it makes sense to deal with this one issue before it becomes a problem.

    If it is at all Possible your husband will
    Need care in the future then now is the time to start separating out your finances before it all gets swallowed up.
     
  5. karaokePete

    karaokePete Registered User

    Jul 23, 2017
    4,935
    N Ireland
  6. Alex54

    Alex54 Registered User

    Oct 15, 2018
    161
    Male
    Newtown, Wales
    I never bothered when my wife and diagnosed with Alzheimer's as we intended to go back to our home in France. The result is that social services got involved and said as I do not have LPA they have to agree on everything concerning my wife and will not let her return to France. They said if we had LPA they would not be bothered what we did.
     
  7. SandraKD

    SandraKD Registered User

    Nov 26, 2018
    37
    Thank you all for your responses and support. The issue is the Certificate Provider. This needs to be a person that has known OH for more than two years and is not a family member. Due to various reasons we do not have anyone that is not a family member who has seen or been in contact with him for the last 6 years at least. When I asked the Doctor he said that he did not sign these due to the current litigious climate where someone could accuse him of professional incompetence, the solicitor we saw today said the same thing, to quote "it's not worth my career".
    So, now I am a bit stuck as to where to go with these.
     
  8. Beate

    Beate Registered User

    May 21, 2014
    11,719
    Female
    London
    GPs don't like to do this but a solicitor not wanting to make money surprises me!

    There is a whole list of health care providers here though who also qualify:

    https://en.m.wikipedia.org/wiki/Health_professional

    Do you know any friends of yours who are in any of these professions? They could sign it with their professional hat on. Or does he have a social worker?
     
  9. Bunpoots

    Bunpoots Registered User

    Apr 1, 2016
    3,040
    Nottinghamshire
    I got a friend of mine to sign dad's. She's known him for decades but hadn't seen him much before she signed. It only has to be that they understand what the LpA is at the time of signing and my dad did.
    Friend was slightly nervous .asked if she was signing her life away!!
     
  10. SandraKD

    SandraKD Registered User

    Nov 26, 2018
    37
    Thanks for your replies Beate, I too was surprised that the solicitor would not be a Certificate Provider, but I do understand her position.
    OH does not yet have/need a social worker, and, as I said, he has not had contact with anyone except family for a number of years. Even our next door neighbours, who are lovely, have only been there 6 months, the previous ones were a horror!
     
  11. SandraKD

    SandraKD Registered User

    Nov 26, 2018
    37
    Thanks Bunpoots, I can understand why your friend was nervous, I would be too!
     
  12. Bunpoots

    Bunpoots Registered User

    Apr 1, 2016
    3,040
    Nottinghamshire
    Her dad had dementia too so she understood it . I'm grateful she was willing to step forward . Hope you can find someone
     
  13. love.dad.but..

    love.dad.but.. Registered User

    Jan 16, 2014
    4,406
    Kent
    I had both finance and health poa's for my dad and had need of using both during his dementia years. I too have a lovely willing friend who had known dad through me for 30 years..mum and dad were very insular and did not have obvious friends or neighbours who could be asked....do you have adult children who may have such a friend who has also known your OH who could be asked?
     
  14. Beate

    Beate Registered User

    May 21, 2014
    11,719
    Female
    London
    I was asking about YOUR friends who might be professionals in the health care system. :)
     
  15. Normaleila

    Normaleila Registered User

    Jun 4, 2016
    674
    #15 Normaleila, Jan 29, 2019
    Last edited: Jan 30, 2019
    How close is too close? My husband is retired and doesn't have anyone outside family who has known him that well for that long. But who counts as family? I'm thinking of his aunt's husband's nephew - family to us but not by blood. To be precise, this relative is OH's father's sister"s husband's sister's son. Surely that is distant enough?
     
  16. Beate

    Beate Registered User

    May 21, 2014
    11,719
    Female
    London
    If you're unsure whether someone qualifies, you have to ask the OPG.
     
  17. SandraKD

    SandraKD Registered User

    Nov 26, 2018
    37
    Ah! Right, no I don't have friends who are professionals, but I do have some friends who might step up... I'll have to sound them out. A good thought. Thank you.
     
  18. Lawson58

    Lawson58 Registered User

    And please don't forget that you should organize Powers of Attorney for yourself as well. After my OH had his cardiac arrest followed a few months later his diagnosis of AD, we prepared our POAs for both finance and medical. The trouble was that he would only agree to my having PoA for him if I would reciprocate and let him have POA for me. Ridiculous of course but I added my son and daughter so that solved my problem.

    If you think it is important for you to make a will, it is just as important to have POAs for yourself. I have also just completed my Advanced Care Directive nominating my children as decision makers.

    Sometimes we get so tangled up in looking after our PWD, that we forget to prepare for our own future welfare.
     
  19. love.dad.but..

    love.dad.but.. Registered User

    Jan 16, 2014
    4,406
    Kent
    And keep in mind with fluctuating mental capacity your OH needs only to be able to satisfy the certificate provider that they understand at the time of asking...if 5 mins later he can't remember or answer that's fine. That was the case for dad. Put on replacement attorneys as well and if more than one perhaps joint and several so for practical reasons they can act if the other is unavailable.Also think about doing your own at the same time.
     
  20. love.dad.but..

    love.dad.but.. Registered User

    Jan 16, 2014
    4,406
    Kent
    I would hate my children to have the worry for months before dad's poa came through so my OH and I have already done ours with replacement attorneys. I agree they are as important as wills. Also ...dementia aside.. sadly any one of us could have a sudden catastrophic accident when a poa would be needed so for lots of reasons it makes sense to have it ready for use. I think of them as insurance...good to have in case but probably and hopefully never needed.
     

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