Lasting Power of Attorney

[Anonymous_4860]

Hi all,

I wanted to ask if anybody knows about the LPA from the gov website? I have been looking into this to get for my mum as my dad has declined rapidly in the past few weeks and they are only in the first stages of going to the doctors. It looks like he has to sign the forms himself for this to all go through but he genuinely can't write his own name anymore. I was wondering does anybody have any experience of this at all and how do you get LPA when someone can't sign themselves but hasn't got a diagnosis?

 

[nitram]

If he still has capacity to grant an LPA but is incapable of signing he can make a witnessed mark - often an X

If he lacks capacity somebody will have to apply to become a COP deputy

 

[SAP]

It will depend if your dad has mental capacity or not .i.e does he understand fully what he is signing. If he is at the point where he can sign because he does not have the cognitive ability to do so then I’m afraid it is too late to apply for LPA. If he can’t sign due to physical ability I think he is allowed to mark the signature bit but the government website has withdrawn that information. So you will need to look into this closely may get some legal advice.

 

[Anonymous_4860]

@SAP No he does not have the cognitive ability to sign he doesn't know the letters anymore when he tries to write. My mum did ask a local solicitor but they wanted £1000+ to do it for them hence trying the gov route

@nitram I have not heard of the COP deputy before, will he need an official diagnosis for this?

 

[SAP]

That’s what I was looking for @nitram, fabulous.

 

[SAP]

Well in that case your mum will have to apply to the COP to be his deputy. This can take some time unfortunately.

Deputies: make decisions for someone who lacks capacity

How to become and act as a Court of Protection deputy - eligibility, responsibilities, how to apply, fees, supervision and when your deputyship ends.

www.gov.uk

She can also apply to the DWP to become his appointee to support with pensions and benefits.

Become an appointee for someone claiming benefits

Apply to become an appointee for someone claiming benefits - how to apply, stop being an appointee

www.gov.uk

 

[nitram]

@nitram I have not heard of the COP deputy before, will he need an official diagnosis for this?

No diagnosis required.
A COP3 certificate is needed to prove incapacity

 

[Rayreadynow]

If you think your dad has capacity to understand the forms then have him sign it/mark it, it's for others to prove he did not have capacity at the time if they have a problem. Capacity can vary through the day and week and 'capacity assessments' can vary in there complexity. Stick with the LPA.

 

[notsogooddtr]

The poster has stated he does not have capacity

 

[Rayreadynow]

Maybe get an LPA for your mum instead.