1. Expert Q&A: Benefits - Weds 23 October, 3-4pm

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    You can either post your question >here< or email them to us at talkingpoint@alzheimers.org.uk and we'll be happy to ask them on your behalf.

Health & Welfare POA - Help please!

Discussion in 'Legal and financial issues' started by Fluffycat, Oct 15, 2015.

  1. Fluffycat

    Fluffycat Registered User

    Jun 23, 2015
    3
    Glos
    Hi All,
    Could anyone give advice please -in a bit of a tizzy with all Mums paperwork.
    We had the old EPA drawn up by Mum in 2007 - then last year, when she went into a Home we were advised to register that with COP, which I did.
    Now I have been asked by home if I have Health & Welfare too. I thought we had this also, but cant find any paperwork.
    It was such a frenzied time last year with respite, 4 different Care Homes, and a monthin hospital, I really had no idea whether coming or going!
    So, my query is how can I find if H &W was registered?
    Would it be too late to apply now?
    Thanks for reading _ any help most welcome.
     
  2. lin1

    lin1 Registered User

    Jan 14, 2010
    9,322
    Female
    East Kent
    #2 lin1, Oct 15, 2015
    Last edited: Oct 15, 2015
    Hello , Welcome to TP.
    Providing your Mum is able to unde stand and agrees at the time the certificate provider explaines things to her and the certificate provider is sure mum does understand ,then their will be no problem with doing the health and welfare LPA.
    It is nothing to do with being able to remember, in fact it's ok if she forgets seconds after afterwards.

    The health and welfare LPA can be registered straight away, in fact they recommend it, but it can only be used when the person has lost capacity ,or is unable to make their wishes known.

    if you scroll down to , help deciding if you need an LPA , you will find contact numbers etc.
    https://www.gov.uk/power-of-attorney/overview.
    I am sure their is a way of finding out if their is a registered LPA and they should be able to help you , or at least point you in the right direction.

    Also from the same page you can start creating LPA forms online.
    I have done the financial one, (which you don't need) online and it is easy peasy.
     
  3. nitram

    nitram Registered User

    Apr 6, 2011
    19,038
    Male
    North Manchester
    #3 nitram, Oct 15, 2015
    Last edited: Oct 15, 2015
    An EPA should only be registered with the OPG when it is considered that the donor has lost or is loosing capacity, as the EPA was registered last year an inference is that the person may not now have sufficient capacity to grant an LPA.

    There is no such thing as a health and welfare EPA.

    You can find out for free if a registered H&W LPA exists.

    https://www.gov.uk/find-someones-attorney-or-deputy
     
  4. Beate

    Beate Registered User

    May 21, 2014
    11,716
    Female
    London
    The old EPA only deals with finances, so if you had that drawn up, chances are that you don't have a health & welfare LPA. Whether you can still draw up one now depends on your Mum's mental capacity to understand in the moment what she is signing. If you think she can, go ahead, the form is easily filled in online. If not, it's probably too late, but the care home should still talk to you as next of kin.
     

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