Hello everyone LPA problems

[Mumlikesflowers]

This reminded me of this Radio 4 documentary that was broadcast at the start of the month - https://www.bbc.co.uk/programmes/m001tbbk

I'm pretty sure they talk about the issue of LPAs being drawn up by solicitors too late ie the person has lost capacity.

Mind you, having dementia and lacking capacity are not synonymous. When we drew up the LPAs we already knew Mum had memory loss. But she certainly had capacity to say she wanted us to be her LPAs.

 

[Mumlikesflowers]

I'm glad you at least get seen on here @steve333. Seen and validated. Even as LPA I struggle to feel those.

It's one of my fears that as LPA my sister might leap in, based on virtually no knowledge of the situation. But she'd have to if I was out of the picture. I can't imagine the disempowering nature of this situation. Somehow though Steve you need to have a mental break from the burning injustice of it all. Are you able to compartmentalise this aspect? Do you get some time out from your partner and the daughters just in terms of your mind having a rest and a diversion?

 

[Lawson58]

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.

I am so sorry that you find yourself in this awful situation. Thirty-five years speaks completely to the commitment you have for your partner.

The cynic in me is screaming out ’What is in this for her daughters?’ And I keep having scary thoughts about your partners will. Why are they behaving this way?

I am a wicked, evil step mother so I get suspicious when this sort of thing happens. There is usually money, also known as greed, behind these events so I hope the investigation is dealt with in a timely manner.

 

[steve333]

I am so sorry that you find yourself in this awful situation. Thirty-five years speaks completely to the commitment you have for your partner.

The cynic in me is screaming out ’What is in this for her daughters?’ And I keep having scary thoughts about your partners will. Why are they behaving this way?

I am a wicked, evil step mother so I get suspicious when this sort of thing happens. There is usually money, also known as greed, behind these events so I hope the investigation is dealt with in a timely manner.

 

[steve333]

Our will made years ago were to each other then Pam's daughters. I have changed mine to if my Partner pre deceases me then my estate goes to a military charity. You are right her daughters have an eye on our property. Well they can dream on. Thanks for your reply

 

[steve333]

I am so sorry that you find yourself in this awful situation. Thirty-five years speaks completely to the commitment you have for your partner.

The cynic in me is screaming out ’What is in this for her daughters?’ And I keep having scary thoughts about your partners will. Why are they behaving this way?

I am a wicked, evil step mother so I get suspicious when this sort of thing happens. There is usually money, also known as greed, behind these events so I hope the investigation is dealt with in a timely manner.

I am so sorry that you find yourself in this awful situation. Thirty-five years speaks completely to the commitment you have for your partner.

The cynic in me is screaming out ’What is in this for her daughters?’ And I keep having scary thoughts about your partners will. Why are they behaving this way?

I am a wicked, evil step mother so I get suspicious when this sort of thing happens. There is usually money, also known as greed, behind these events so I hope the investigation is dealt with in a timely manner.

Thanks for your reply

 

[steve333]

I'm glad you at least get seen on here @steve333. Seen and validated. Even as LPA I struggle to feel those.

It's one of my fears that as LPA my sister might leap in, based on virtually no knowledge of the situation. But she'd have to if I was out of the picture. I can't imagine the disempowering nature of this situation. Somehow though Steve you need to have a mental break from the burning injustice of it all. Are you able to compartmentalise this aspect? Do you get some time out from your partner and the daughters just in terms of your mind having a rest and a diversion?

I work part time 3 days a week, so my Partner goes into daycare when I am at work. That is respite in itself normalising a bit of my life, The daughters don't communicate with me at all, and have minimal contact with their Mum, which says it all really. He eldest daughter wanted her Mum to remain in residential care when she was in respite care as "I am not convinced Steve is capable of providing the care and support my Mum needs". She was worried she might have to spend some time caring for her Mum if she came home, and she did not want to do that. When she did come home her daughter who lives around the corner refused to provide any care and support for her Mum and told Social Services that. She works as a waitress in a hotel. So there you go.

 

[steve333]

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

I have received an email from the Office of the Public Guardian. They have finished their investigation, their legal team have reviewed the evidence, and they are applying to the Court of Protection to have the LPA revoked. They say my partner did not have capacity to set up the LPA with her daughters as Attorneys. Happy days but it will take about 6 months for the application to be actioned.

 

[steve333]

The OPG emailed me last week to inform me their legal team have examined all the evidence they have gathered over the last 6 months. Their investigation is complete, they (OPG) are applying to the Court of Protection to revoke the LPA ( Partner's daughters are Attorneys) as my Partner of 35 years did not have the capacity to make the LPA. So fingers crossed this nightmare will end. Well the LPA part anyway. Hopefully I will be appointed my Partner's deputy. It could take up to 6 months for the CoP application to be made. I found the OPG to be quite helpful. It's worth contacting them if anyone has LPA problems. They will only act if there is evidence the Donor has been disadvantaged. When LPA is revoked I will go after the Solicitor that drew it up. She claimed to have carried out an independent assessment to determine capacity, The solicitor also claimed my Partner could have capacity one day but not the next. However it's the ability to retain and understand events, not just answering closed questions on a certain day. The OPG sent out an investigator to speak to my Partner re her capacity to understand the LPA. I know her daughters coerced and manipulated their Mother into appointing them LPA, ensuring I her long term Partner and now full time carer was unaware of what they were doing. I hope this helps someone, something of an amateur expert on OPG and LPA now.

 

[steve333]

Public Guardian have now emailed me to state having concluded their investigation, and consulted their legal team, they are applying to the Court of Protecton to have the LPA revoked as they claim my partner did not have the capacity to make it. The solicitor who facilitated the LPA told me people can have capacity one day and not the next. That is not how it works. Capacity is having an understanding eg of LPA, and the ability to retain that understanding. LPAs are very easy to set up, not too many questions asked, but difficult to undo. However there are changes afoot, in particular people of interest must be notified of the application for LPA. In my case even though I have lived with my partner for 35 years, her daughters were able to manipulate and coerce their Mother into appointing them as LPA through a solicitor who did not ask any questions. All without my knowledge. I care for my Partner 24/7 and we live in our joint property yet I have no say in anything. A financial review was conducted with the local authority and the daughters to ascertain my partner's contribution to her care costs (daycare). I was not premitted to attend, nor asked for any input. How my Partner's daughters know of all our houeshold outgoings I have no idea as some of the bills Water, energy are solely in my name. Lets hope justice prevails.

 

[DeeCee7]

I admire your tenacity @steve333 to keep going on this, and it looks like justice has been done. How odd though re access to your utility bills etc. Do check all is well with your partner’s savings accounts, if you can at the moment. Those daughters are quite disgracefully behaved and motivated.

 

[steve333]

I admire your tenacity @steve333 to keep going on this, and it looks like justice has been done. How odd though re access to your utility bills etc. Do check all is well with your partner’s savings accounts, if you can at the moment. Those daughters are quite disgracefully behaved and motivated.

Thanks for your support. What a great site this is, I don't feel alone