Hello everyone LPA problems

steve333

Registered User
Jan 12, 2024
19
0
My partner of 35 years has Vascular Dementia and lacks capacity. Her daughters behind my back coerced their Mother into appointing them LPA. Office of Public Guardian have launched an investigation. Meanwhile I am her sole carer yet powerless under the law
 

Rayreadynow

Registered User
Dec 31, 2023
277
0
What type of LPA? Your partner may have Dementia but does not necessarily mean they lack capacity.
 

Kevinl

Registered User
Aug 24, 2013
6,262
0
Salford
Welcome Steve.
Is the LPA health and welfare, financial or both? There 2 types and is she covered by English, Scottish Wales on NI as the laws are different that's where she lives not you.
K
 

steve333

Registered User
Jan 12, 2024
19
0
Welcome Steve.
Is the LPA health and welfare, financial or both? There 2 types and is she covered by English, Scottish Wales on NI as the laws are different that's where she lives not you.
K
They have LPA for everything health and well being, finance and property. They don't communicate with me and we are covered by English law
 

steve333

Registered User
Jan 12, 2024
19
0
Why has an investigation been launched?
Because my partner lacks capacity, she was clearly coerced and manipulated into this by her daughters. The Solicitor claimed she had capacity on the day she signed it (defied the medical diagnosis then). There is no way that is a fact, plus the daughters do not communicate with their Mother. They were refusing to pay my Partner's share of the household outgoings until OPG told them to do so. We have lived together for 35 years, yet I wasnt told about it until LPA had been registered. This should serve as a warning to others. Anyone can persuade someone in a vulnerable position to appoint them as LPA. Solicitors don't ask many questions and simply tick the boxes. The Attorneys then have control of everything in law. Only the Court of Protection can revoke the LPA
 

SAP

Registered User
Feb 18, 2017
1,313
0
A diagnosis of dementia does not necessarily mean lack of capacity, so the solicitor may well have been right in this case.
The only people who have to be told prior to an LPA being completed by the OPG are the ones the donor asks to be informed. If your OH did not ask for you to be informed the no one was obliged to do so.
This does not mean the LPA is now in good hands but does highlight how complicated this area is and if often a topic on these boards.
 

Banjomansmate

Registered User
Jan 13, 2019
5,430
0
Dorset
I have to say that the solicitor who did The Banjoman’s LPA sent me into a separate room and checked that he knew what he wanted to do and I had not coerced him into making me his attorney.
I was the one who made the appointment and took him to the solicitor’s office because I could see that LPA was going to be needed. I intended his daughter to be his attorney but he said he would only do it if I was the attorney!
 

steve333

Registered User
Jan 12, 2024
19
0
Making a will you need independent witnesses. LPA you don't. Solicitor will simply say they were following client instructions, ticking boxes in other words. If my partner's daughters were decent people (which they are not) they would have told me what was going on. I contacted Social Services last week to discuss her care plan and was told "that's not your call, it's her daughter's decision". I related this to the OPG Investigator, and next day got a grovelling apology from Social Services, who said "as Pam's long term partner and sole carer of course her care plan concerns you". All these people see is an LPA box, not the actual situation.
 

Scarlet Lady

Registered User
Apr 6, 2021
582
0
I agree, @Rayreadynow , but that’s not always how it works. I am wondering, @steve333 , if you and your partner‘s daughters would fundamentally disagree on her care needs going forward? If not, then you might be able to work together in her best interests. Of course, if not, then you have an uphill struggle ahead.
 

canary

Registered User
Feb 25, 2014
25,048
0
South coast
Making a will you need independent witnesses. LPA you don't.
OH and I had both our wills and POA done by a solicitor and we had to have someone else witness our signature for both our wills and our POA. It was just the same for both - in fact, it was the same person. I didnt see any difference in the way that wills and POAs were witnessed.

If you do POA yourself, you have to get someone who knows you well for at least 2 years to witness your signature and to sign to say that you understand what you are signing.
 

SAP

Registered User
Feb 18, 2017
1,313
0
For an LPA you also need a certificate provider, thi is someone who can sign to say they know the doner and understood what they were signing at the time. This person can’t be to attorney
 

nitram

Registered User
Apr 6, 2011
30,204
0
Bury
Making a will you need independent witnesses. LPA you don't.
Correct, a will requires the testator's signature to be witnessed by two people, an LPA only requires the donor's signature to be witnessed by one person.
 

Weasell

Registered User
Oct 21, 2019
1,778
0
While they were there are you sure they didn’t get the nice tame solicitor to issue a new will?
 

steve333

Registered User
Jan 12, 2024
19
0
I agree, @Rayreadynow , but that’s not always how it works. I am wondering, @steve333 , if you and your partner‘s daughters would fundamentally disagree on her care needs going forward? If not, then you might be able to work together in her best interests. Of course, if not, then you have an uphill struggle ahead.
The daughters have made it clear any decisions regarding their Mum, is theirs not mine. I am caring for their Mum 24/7 otherwise she would have to go into residential care. Decent people would appreciate that and show some gratitiude, they do neither. Caring for my Partner the best way I can is my priority. My partner and I have been together for 35 years. That does not matter legally I have no say in anything.
 

steve333

Registered User
Jan 12, 2024
19
0
For an LPA you also need a certificate provider, thi is someone who can sign to say they know the doner and understood what they were signing at the time. This person can’t be to attorney
Not sure that is the case
 

SAP

Registered User
Feb 18, 2017
1,313
0
Not sure that is the case
The Certificate provider of your Lasting Power of Attorney (LPA) is an independent person who will confirm (‘certify’) that you are making the LPA of your own free will, without pressure (‘duress’), that you understand the implication of what you are doing, and that you have mental capacity to do so.

You will need a certificate provider for both types of LPA – Finance and Health & Care.

Certificate Provider is something new to LPAs, and one of a number of differences between LPAs and the old system of Enduring Power of Attorney (EPA).

Who can be my Certificate Provider?​

Your certificate provider can be either:-

  • Independent – someone you know well (independent, not related to you, over 18, and known you for at least 2 years); or
  • Professional – a professional (GP, solicitor, social worker, independent mental capacity advocate (IMCA). As specialist LPA solicitors QLAW can be your Certificate Provider even if you are making your own LPA.
> Book your Certificate Provider appointment NOW!

Who can not be a Certificate Provider?​

The following can NOT act as certificate provider:-

  • Appointed or replacement attorney
  • Relative of donor
  • Relative of attorney or replacement attorney
  • Partner (unmarried) of donor or attorney or replacement attorney
  • Business partner of donor or attorney or replacement attorney
  • Owner, manager, director, or employee of a care home where you live
  • Anyone associated with a trust corporation appointed as an attorney in a financial decisions LPA