1. Charlie21

    Charlie21 Registered User

    Feb 8, 2016
    11
    Hi

    I can't find my other post so sorry if I'm repeating myself. My mum is at home with the support of 4 carers a day. She doesn't stay near us and we don't drive. She's only got to keep her dog because we pay for someone to walk and feed him otherwise she would forget or overfeed him. She wont give up her dog. If you ask her if she wants to sell the house she says no. If you ask her if she wants to go into a care home she says no. Certain things she knows but her short term memory is awful. She has an older style POA and I got a lawyer out to update to the new version, but she says she thinks my mum could be borderline. The appointment is on Wednesday for the GP to certify this or not. I am totally dreading it, mum is aware of so much and still knows what she wants etc but the words just elude her. I feel so worried should I go to the appointment?
     
  2. nitram

    nitram Registered User

    Apr 6, 2011
    19,244
    Male
    North Manchester
    #2 nitram, Feb 8, 2016
    Last edited: Feb 8, 2016
  3. Charlie21

    Charlie21 Registered User

    Feb 8, 2016
    11
    It's only the financial POA done in 1995 before all the welfare powers changed from 2000. Its an older style document too very short and everyone questions if its valid even though it is a perfectly legal POA. Just old. It also says my dad, then me. But he died in 2002 to it automatically moves to me.
     
  4. nitram

    nitram Registered User

    Apr 6, 2011
    19,244
    Male
    North Manchester
    Welfare was added as a separate document in 2007.

    The old one is still valid many financial institutions don't understand the new LPA.

    Is the EPA registered with the OPG?

    I take it you and your dad were joint and several attorneys?
     
  5. Charlie21

    Charlie21 Registered User

    Feb 8, 2016
    11
    Yes we were joint and the Financial POA is registered.
     
  6. nitram

    nitram Registered User

    Apr 6, 2011
    19,244
    Male
    North Manchester
    I don't see any point in getting a financial LPA.

    As the EPA should only have been registered when your mum was loosing or had lost capacity the OPG may regard any application for an LPA with suspicion.

    How long ago is it since the EPA was registered?
     
  7. Charlie21

    Charlie21 Registered User

    Feb 8, 2016
    11
    1995, so you think I should just stick to the financial POA, I do have doubts about her mental capacity, when we sit and explain it to her she doesn't retain much of the information at all.
     
  8. nitram

    nitram Registered User

    Apr 6, 2011
    19,244
    Male
    North Manchester
    Are you sure it was registered , not just signed by all concerned 21 years ago?

    If so I would be very surprised if the OPG accepted an LPA application.
     
  9. nitram

    nitram Registered User

    Apr 6, 2011
    19,244
    Male
    North Manchester
  10. Charlie21

    Charlie21 Registered User

    Feb 8, 2016
    11
    The EPA was done when she still had capacity. So you're saying it best to stick to what I have rather than applying for the combined modern one. I really appreciate your help in this.
     
  11. nitram

    nitram Registered User

    Apr 6, 2011
    19,244
    Male
    North Manchester
  12. nitram

    nitram Registered User

    Apr 6, 2011
    19,244
    Male
    North Manchester
    The combined modern one is actually two separate powers - twice the cost.
     
  13. Beate

    Beate Registered User

    May 21, 2014
    11,740
    Female
    London
  14. nitram

    nitram Registered User

    Apr 6, 2011
    19,244
    Male
    North Manchester
    "...nothing stops you from making an LPA just for that..."

    An EPA registered 21 years ago could well stop any LPA registration.

    The OPG would have to be convinced that somebody judged to have lost or be loosing capacity 21 years ago now has capacity.
     
  15. Beate

    Beate Registered User

    May 21, 2014
    11,740
    Female
    London
    Apologies. What I meant is you could still add an LPA as long as capacity hasn't been lost. She only needs to understand what she is signing in the moment, she doesn't need to retain the info. I don't understand why the EPA would have been registered that long ago - surely capacity wasn't lost back then? Maybe we need to establish that first.
     
  16. nitram

    nitram Registered User

    Apr 6, 2011
    19,244
    Male
    North Manchester
    #16 nitram, Feb 8, 2016
    Last edited: Feb 8, 2016
    "I don't understand why the EPA would have been registered that long ago - surely capacity wasn't lost back then? Maybe we need to establish that first."

    That's what I have been attempting, have a read through past posts:-

    Post 6
    How long ago is it since the EPA was registered?

    Post 7
    1995

    Post 8
    Are you sure it was registered , not just signed by all concerned 21 years ago?



    Registering an EPA should only be done when capacity is lost or being lost, the OPG will probably stick to this even if the OP registered too early.
     
  17. Charlie21

    Charlie21 Registered User

    Feb 8, 2016
    11
    The financial poa I have just now has been confirmed as a valid legal power of attorney by a lawyer. She was with full capacity when that was done. It is only in the last 14 months that she has deteriorated. If she's not required to remember the information is it worthwhile going to the gps then?
     
  18. Beate

    Beate Registered User

    May 21, 2014
    11,740
    Female
    London
    Yes but has it been sent off to the Office of Public Guardian to be officially registered with them? Believe me, there is a difference. Simply signing an EPA doesn't register it.
     
  19. nitram

    nitram Registered User

    Apr 6, 2011
    19,244
    Male
    North Manchester
    #19 nitram, Feb 8, 2016
    Last edited: Feb 8, 2016
    "The financial poa I have just now has been confirmed as a valid legal power of attorney by a lawyer."

    I think you may be talking about a general or ordinary power of attorney.

    This kind of power lapses if the person looses capacity, hence the terms Enduring (old) and Lasting (new) powers of attorney.

    If this is correct your only routes are LPA if she is judged to have capacity else a court of protection deputy.

    If it is not an EPA you should go ahead with the capacity assessment by the GP with a view to LPA's being made.

    Post 1
    I got a lawyer out to update to the new version, but she says she thinks my mum could be borderline. The appointment is on Wednesday for the GP to certify this or not
     
  20. nitram

    nitram Registered User

    Apr 6, 2011
    19,244
    Male
    North Manchester
    Post 3
    Its an older style document too very short

    makes me think it is not an EPA.
     

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