Charges for advice re. LPoA (even though mum lacks capacity)

[Noaksie1]

Hi, I have a bill for £300 for solicitors meeting with my mum twice on two separate occasions, only for them to assess that she lacks capacity to complete a LPoA (even though consultant says that she doesknow what it is). We are struggling financially and, even though my mum signed beforehand re. costs, I think it's unethical to do this. Surely this could have been established earlier on by an assistant in order to reduce/prevent costs?

I would really appreciate your thoughts please & if anyone has had a similar experience and fought against the charges.

Thank you in advance.
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[sue38]

Hmm, that's an interesting one. Your mum signed agreeing to the charges, and then the solicitors deemed she did not have capacity. I think they might struggle to enforce the charges when they themselves have said she's not capable.

Did they quote £300 just for assessing capacity, or for completing the work? If it was for completing the work I would raise this with them in the first instance, and see if they would be prepared to reduce the charges.

I'm going to move this to the Legal and Financial section as that is the most appropriate place for it.

 

[nogginthenog]

Its worth remembering you do not need a soliciter to sign to say the person has capacity or to fill the forms in .

The LPA guidance notes say EITHER anyone who has known the donor for over 2 years ( excluding family members ) can complete the certificate OR a professionally qualified person.

The certificate provider is not making a general judgement about capacity - just that at the moment that they talk to them they understand the implications of what they are doing ( i.e. allowing someone else to make decisions ) and that they have not been pressured into doing it.

Unless your relatively really has no lucid moments and you can't find a friend wiling to complete the certificate I really would push on and try and complete it yourself. Its much easier for someone who knows your relative to be sure that they are happy to sign than a soliciter who does not know the family .

 

[kingmidas1962]

Hmm, that's an interesting one. Your mum signed agreeing to the charges, and then the solicitors deemed she did not have capacity. I think they might struggle to enforce the charges when they themselves have said she's not capable.

My thoughts exactly - they can't have it all ways! They consider she doesn't have the capacity to be a donor for a POA but that she DOES have the capacity to have agreed to charges? If they deem she doesn't have capacity surely her signature on any agreement is void? Dodgy ... I'd try the Citizens Advice Bureau maybe.

Anyway, if you get any further with it, it is possible to do it yourself. If mum is willing to sign as donor and the consultant is also willing to sign it to declare that she has capacity, you're more than halfway there ... as those are really the two most important signatures. All you need then is the attorney(s) (whoever you appoint) and any other 'people to be told' (anyone you need to know the POA is being organised) and Bobs your uncle.