Doctors certificate re mothers capacity for LPA

Scatt76

Registered User
May 26, 2023
20
0
Oxfordshire
My brother and I have LPA for property and finance and along with our mum have discussed selling her house so she can downsize and live with me and my family.

We are finding the process not as easy smd straightforward as we thought. With the solicitors saying 'subject to your obtaining the Doctors Certificate re your Mother’s capacity, we can look to progress with the sale'

What sort of certificate are they after and where do we obtain one. Can this be done through mum's family GP or memory clinic or do we need to go through a specialist.

Has any one been through this?
 

nitram

Registered User
Apr 6, 2011
29,914
0
Bury
An official certificate is a COP 3
You may have difficulty finding someone listed on the form to sign it, some members have used an independent social worker.
 

Scatt76

Registered User
May 26, 2023
20
0
Oxfordshire
An official certificate is a COP 3
You may have difficulty finding someone listed on the form to sign it, some members have used an independent social worker.
Thank you nitram. There seems to be a lot of assessments and paperwork needed in regards to being an LPA attorney.

I do understand the need for vigilance, but things don't seem to be straightforward or easily accessible.
 

nitram

Registered User
Apr 6, 2011
29,914
0
Bury
I do understand the need for vigilance, but things don't seem to be straightforward or easily accessible.
The solicitor only has to be satisfied that your mum does not have sufficient capacity to act in the sale.

A COP3 certificate is not mandatory, when a financial institution queried my wife's capacity I got her consultant to write a to whom it may concern note "Mrs nitram has been under my care for 2 years, it is my opinion that she lacks capacity to fully handle her financial affair', he was prepared to do this FOC but not sign a COP3. The institution accepted the note.
 

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