Lasting Power of Attorney

Discussion in 'Legal and financial issues' started by Jade99, Jan 20, 2015.

  1. Jade99

    Jade99 Registered User

    Apr 12, 2014
    36
    Female
    London
    How could you get the Government to change how a LPA has to be worded? I think it could stop a lot of financial abuse.
    For example if only one person is requested to be notified of the LPA by the person who is arranging it, that person has to sign to say that they agree to the LPA and give their consent for it to go ahead. Instead of only signing it if they dispute it.
     
  2. Jade99

    Jade99 Registered User

    Apr 12, 2014
    36
    Female
    London
    I've decided to go to the top and have emailed Simon Hughes the Minister of State for Justice and Civil Liberties to see if he can help I believe there would be a lot less chance of financial abuse.. If you don't ask you will never know :)
     
  3. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,046
    Staffs
    If the person to be notified does not, for whatever reason, return the form then could that not cause a unnecessary delay and a ton of extra work for the OPG if there are multiple persons to be informed?
     
  4. Beate

    Beate Registered User

    May 21, 2014
    11,499
    Female
    London
    That's what I was thinking. I think the system is ok as it is.
     
  5. Norfolkgirl

    Norfolkgirl Account Closed

    Jul 18, 2012
    514
    I agree with juliedoreen! What if the person to be notified doesn't normally have much to do with the donor, how on earth can they get any inkling as to whether the donor has been put under undue influence/fraud etc. to then be able to determine whether to object to the LPA. This could happen especially if the donor is likely to lack capacity without being formally assessed because her abuser Attorneys have gotten her to sign the LPA (fraudulently) and potentially using their professional friends to stand in as a certificate provider (so that no-one would ever know).
     
  6. Jade99

    Jade99 Registered User

    Apr 12, 2014
    36
    Female
    London
    #6 Jade99, Jan 21, 2015
    Last edited: Jan 21, 2015
    I am really talking about if only one person is notified (they can notify between 1 and 5 people) if they don't have anyone to notify then the donor has to have had a medical or capacity test. So no in fact it would cause less work for the OPG because if the person being notified does not sign it by the date specified, it automatically gets registered. If that person had to sign to say they agreed the person was right for the duties the attorney has to perform before it was registered then there would be a lot less financial abuse. Meaning a lot less work for the Police, social services and the OPG in time and money for investigating LPA's were the donor has been coerced into signing the form. It might cause more work for the solicitor to chase up the person to be notified but not anyone else..and in any case if nothing untoward was going they wouldn't have anything to worry about so there would not be a delay.
     
  7. Beate

    Beate Registered User

    May 21, 2014
    11,499
    Female
    London
    I am sorry but this makes no sense to me. At the moment an LPA gets registered if there are no objections. If every person to be notified had to sign and send back a form to say that they agree it would be more paperwork for the OPG. And the fact that someone doesn't sign doesn't mean they object just that they have not had time to sign yet, have forgotten or not understood that they have to sign. This will then cause a delay in a perfectly legitimate LPA to be registered, or if deadlines are not met, to be rejected altogether. It will also cause people to notify as little persons as they can get away with as they are anxious about people's tardiness. I notified five people. I wouldn't have done so if I knew all five would have to sign a form by a deadline. Isn't that defying the object?
     
  8. nitram

    nitram Registered User

    Apr 6, 2011
    18,391
    Male
    North Manchester
    "...if they don't have anyone to notify then the donor has to have had a medical or capacity test..."

    No, there have to be two Certificate Providers who can be either knowledge or skill based.
     
  9. Jade99

    Jade99 Registered User

    Apr 12, 2014
    36
    Female
    London
    As far as I am aware, where the person I know is concerned there was only one which was her partners solicitor no one else was a Certificate Provider and the LPA was registered.
     
  10. Jade99

    Jade99 Registered User

    Apr 12, 2014
    36
    Female
    London
    #10 Jade99, Jan 21, 2015
    Last edited: Jan 21, 2015
    I see what you mean, but surely they could have two different types of forms, so that if there is only one person listed to be notified and is not a relation of any type, then they have to agree the attorney would work for the donors benefit. Obviously more than one person being notified the odds are nothing untoward is happening. I really am just thinking about the person I know who had Alzheimer's for 4 years before he even took her too his solicitors with his family to get LPA and a lot more besides, without so much as a capacity test...Although he had to get one when changing her will to name him too as he had to go to her solicitors..:mad:
     
  11. Norfolkgirl

    Norfolkgirl Account Closed

    Jul 18, 2012
    514
    So she passed the capacity test she undertook in order to change her Will to name her partner? When did she lose capacity?
     
  12. Jade99

    Jade99 Registered User

    Apr 12, 2014
    36
    Female
    London
    That was in early 2010.. the LPA wasn't done until late 2012
     
  13. snowygirl

    snowygirl Registered User

    Jan 9, 2014
    151
    On both my parents LPA's we had just one certificate provider and two other people notified. If any of you remember my posts you will know that it took 5 months for my dads LPA to be registered. It would have taken longer I guess waiting for other people to do their signing. For genuine people with genuine motives I wouldn't want to make the system any harder.
     
  14. Norfolkgirl

    Norfolkgirl Account Closed

    Jul 18, 2012
    514
    Let us know if you hear from Simon Hughes.
     
  15. Jade99

    Jade99 Registered User

    Apr 12, 2014
    36
    Female
    London
    #15 Jade99, Jan 21, 2015
    Last edited: Jan 21, 2015
    I will :) although I very much doubt I will hear anything.. Julie x
     
  16. nitram

    nitram Registered User

    Apr 6, 2011
    18,391
    Male
    North Manchester
    "...if they don't have anyone to notify then the donor has to have had a medical or capacity test..."

    No, there have to be two Certificate Providers who can be either knowledge or skill based.

    As far as I am aware, where the person I know is concerned there was only one which was her partners solicitor no one else was a Certificate Provider and the LPA was registered.

    ~~~~~~~~~~~~~~~~~~~

    I agree that with one certificate provider there has be at least one person to be told.

    My reply was stating that with no person to be told a medical or capacity test is not required, all that is needed is two certificate providers.
     
  17. Jade99

    Jade99 Registered User

    Apr 12, 2014
    36
    Female
    London
    I totally agree with you for genuine people with genuine motives.. that was a long time the LPA of the person I know only took 2 months!!!
     
  18. Jade99

    Jade99 Registered User

    Apr 12, 2014
    36
    Female
    London
    Oh I see I read it wrong sorry, the reason I think they choose her friend because they did not think we knew her.. that is why he nearly had a cardiac arrest when I said I was popping roung there on a visit!!!!!
     
  19. snowygirl

    snowygirl Registered User

    Jan 9, 2014
    151
    julieDoreen....this was at the beginning of last year when there was a huge backlog but thankfully my mum's was much quicker!
     

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