Lasting Power of Attorney

worldtraveller

Registered User
May 14, 2008
21
West Midlands
With my step-daughter, I have an Enduring Power of Attorney for my wife who has dementia. Her illness is progressing quite quickly. Should we now go to a solicitor and set up a Lasting Power of Attorney so that her Care needs are also included? Has anyone received advice from legal advisers that they can pass on?
 

jenniferpa

Registered User
Jun 27, 2006
39,448
I have a couple of thoughts. 1) is the EPA registered and 2) has the disease progressed too far already? If 1) is true then your wife would not be considered competent to make an LPA. Even if it isn't registered you may find that 2) is true. I suspect that a visit to a solicitor could result in expense without a result. Have you discussed with your wife's doctor whether she is sufficiently competent to make this new power of attorney?
 

Sonny 40

Registered User
Jul 31, 2008
3
Bath
Just do it

An LPA for welfare allows you to have the power over where someone lives and even what they wear. This means that you can move them into a care home or give permission for medical treatment.

Without it, in theory, your wife will still have the power to decide all of this. But if in realtiy she can't make up her mind you will have defacto power to do things anyway, as her husband. The only real problem is that you may have an argument on your hands with your wife if she is sometimes still lucid and diagrees with you. With it, you are better placed.

I see no reason why you would not want to set one up. They are relatively easy to do. Get the forms and guidance notes off the website of the Office of the Public Guardian. If you need help with websites ask someone under the age of 30. If you need help with the forms ask a friend/family member who is good with things like that. Or post a query here; I am happy to explain the forms if necessary.

You can fill everything in for your wife. All you need is her signature and a third party (family friend) who is prepared to say (and sign) that they have discussed it with your wife and are happy that she understands the consequences. Best also to name someone who you have to inform when registering the LPA (you could put your step-daugther's name down). Then register it.

Then you've got it if you need it.
 

sue38

Registered User
Mar 6, 2007
10,854
51
Wigan, Lancs
Just a couple of things.

The EPA that your wife has in place only allows you to deal with financial matters. There are 2 types of LPA: one is for property and affairs which is similar to the EPA you already have, and the other is for personal welfare. You can leave the EPA in place and do the personal welfare LPA to cover care needs.

The test for mental capacity is much more stringent for an LPA than it was for an EPA. The LPA requires a qualified person to give a certificate that the person has the capacity to make the LPA. This can be a professional person (such as solicitor or GP) or can be someone who has known your wife personally for at least 2 years.

Examples of some of the questions a Certificate Provider might ask are:-
• What is an LPA?
• Why do you want to make an LPA?
• Who are you appointing as your Attorney?
• Why have you chosen to appoint x as your Attorney?
• What powers are you giving your Attorney(s)?
• Have you been put under pressure to make the LPA?
• Has the Attorney given you the answers to certain questions (like those listed above)?

If you think that your wife is still able to answer this type of question then you should act sooner rather than later.

One word of warning. If you decide to use a solicitor you will probably find that your lawyers will charge substantially more for the LPA than for the EPA as the document is more involved. If you have a solicitor that you know and trust they would probably be the best person to deal with it, but if you are picking one out of the phone book I would get a couple of quotes as you might find these vary considerably.
 

Helena

Registered User
May 24, 2006
715
I had an EPA for my Mother
and The consultant accepted my request to put DNR on her notes because they knew there was no hope of her living for much longer and that trying to resucitate her would be simply more distressing especially because my Mother had always said she did not on any account want to live if she was not capable of independant living

You should find that any GOOD consultant will accept your views on your wifes medical care

You simply need to think "what would she have been adamant about if she were her old self"
 

gigi

Registered User
Nov 16, 2007
7,788
66
East Midlands
Hello...

Jennifer is right...if your wife is unable to make her own mental judgements you will not be able to draw up an LPA.

If you have EPA drawn up..now is the time to register it.

If it is already registered..fine.

As Helen has said..any good consultant/doctor would respect your wishes reagrding your wife as her next of kin.

Sue has pointed out the differences between the 2 very well.

I registered EPA for my husband earlier this year..but it is too late now to draw up LPA.

LPA does cost substantially more.

They don't make it easy for us, do they....:D

Hope you get things sorted, Worldtraveller...:)

Love gigi xx
 

margaret101

Registered User
Jul 17, 2008
56
clacton on sea
WE got a EPA about 8 years age but then got a Living will to

make sure that I could keep control of the medical side aswell

as yet all is well I can only hope we have done the right thing

because It is to late now to chang anything


Marg x
 

Lynne

Registered User
Jun 3, 2005
3,433
Suffolk,England
Margaret

Don't worry, it sounds as if you did everything that was necessary & appropriate at the time. That's all any of us can do.

Best wishes
 

worldtraveller

Registered User
May 14, 2008
21
West Midlands
Thanks

Thanks That was a really useful reply.

QUOTE=sue38;148200]Just a couple of things.

The EPA that your wife has in place only allows you to deal with financial matters. There are 2 types of LPA: one is for property and affairs which is similar to the EPA you already have, and the other is for personal welfare. You can leave the EPA in place and do the personal welfare LPA to cover care needs.

The test for mental capacity is much more stringent for an LPA than it was for an EPA. The LPA requires a qualified person to give a certificate that the person has the capacity to make the LPA. This can be a professional person (such as solicitor or GP) or can be someone who has known your wife personally for at least 2 years.

Examples of some of the questions a Certificate Provider might ask are:-
• What is an LPA?
• Why do you want to make an LPA?
• Who are you appointing as your Attorney?
• Why have you chosen to appoint x as your Attorney?
• What powers are you giving your Attorney(s)?
• Have you been put under pressure to make the LPA?
• Has the Attorney given you the answers to certain questions (like those listed above)?

If you think that your wife is still able to answer this type of question then you should act sooner rather than later.

One word of warning. If you decide to use a solicitor you will probably find that your lawyers will charge substantially more for the LPA than for the EPA as the document is more involved. If you have a solicitor that you know and trust they would probably be the best person to deal with it, but if you are picking one out of the phone book I would get a couple of quotes as you might find these vary considerably.[/QUOTE]