My Dad is 82, diagnosed with Alzheimer's in May.My Dad and brother fell out with each other in 2020.My Dad started showing signs of cognitive decline last year. We (my Dad and I) were advised by GP then to sort out LPA. I had hoped that my Dad and brother would reconcile their differences as it was a minor issue that had been blown out of proportion, and their relationship had always been good. I thought that my brother could be sole attorney, as I am autistic and receive a package of support to manage my own affairs.My brother died suddenly in September last year. Social services became involved in May this year. We filled in the LPA forms (we did the whole paper version) and I submitted them several weeks ago on the social worker's advice (she knows my disability but said as I was the only person my Dad trusted, there was no other option). I haven't heard anything from the Office of the Public Guardian yet. My Dad has been going through his finances with me and he had been struggling more than he had let on. Not in any debt but just not managing his finances as usual (lease renewals on second properties etc). I am way out of my depth, social worker is not interested as my Dad will be self-funding any care. How do I do the best thing for my Dad? There are no other family or close friends. My Dad sees no need for a solicitor and says he just trusts me.How long will LPA take to be registered? Would it be morally wrong to then ask a solicitor to take over, as my Dad has considerable savings, two properties etc and I don't want to make mistakes? My Dad has capacity but is totally inflexible about trusting anyone but me. Please can anyone offer advice?
LPA advice needed
- Thread starter Jill69
- Start date
Hi. Sorry to hear of your situation. I can relate a little as my mother has Alzheimer’s and my sister is autistic. I am attourney for my mother, but I can imagine how difficult it would be for my sister to do it, so I can under your situation.
Registering an LPA can take a couple of months. But you need to be sure you have BOTH LPAs (one for finance and one for health). Also, if you can, ask your father to check his will is up to date while he still has capacity.
Once they are registered you are the only person who can act. You can not ask anyone, including a solicitor, to take over. If you refuse or can not act the LPA is void. Only your father can change the attorney by creating and registering new LPAs with new attorneys listed.
Hi @Jill69 and welcome to Talking Point
I am so sorry to hear about your brother and the predicament that you have been left in.
You cannot transfer the POA to anyone else, but what you can do is get someone to advise and help you. You will retain ultimate responsibility, but you dont have to do everything yourself.
I dont have experience of doing this - mums affairs were quite simple - but Im sure others will be along with more detailed advice.
I am so sorry to hear about your brother and the predicament that you have been left in.
You cannot transfer the POA to anyone else, but what you can do is get someone to advise and help you. You will retain ultimate responsibility, but you dont have to do everything yourself.
I dont have experience of doing this - mums affairs were quite simple - but Im sure others will be along with more detailed advice.
Thank you for the advice. I will do the health one as well then. Do both LPAs take the same length of time to register? I will ask him to check his will today as well.
Thank you, when you say someone, could it be a professional, or does it have to be somebody in a voluntary capacity? Could I ask a solicitor to help me, and possibly an accountant to help, then still take overall responsibility? I think although my Dad wants only me to make decisions, if I did start making decisions about complex financial matters, I would be doing him a grave disservice.
Hello @Jill69 and welcome to dementia talking point you'll find this is a friendly, helpful place. So sorry to hear of your brother and your current situation in trying to get LPA's sorted for your dad. You've been given some good advice already, and definitely get both the financial and Health & Welfare LPA's.
According to the OPG website it is currently taking up to 20 weeks to register an LPA if there are no mistakes in the application (see link below) and when mum's LPA's were registered from memory there was little difference in the wait times for each one. Hope that helps, and keep posting as there is a lot of shared knowledge /experience here.
https://www.gov.uk/power-of-attorney/register
According to the OPG website it is currently taking up to 20 weeks to register an LPA if there are no mistakes in the application (see link below) and when mum's LPA's were registered from memory there was little difference in the wait times for each one. Hope that helps, and keep posting as there is a lot of shared knowledge /experience here.
https://www.gov.uk/power-of-attorney/register
If you feel that it would be too onerous for you and don't wish to act as Attorney, you don't have to. It certainly would not be morally wrong. It may cost more initially but it is possible to arrange for solicitors to act as Attorneys. You could weigh the cost of this against what might happen if you make wrong decisions on financial affairs that you aren't comfortable in dealing with.
Given your Dad's view about not involving a solicitor, you might be able to do the initial arrangements so long as your Dad is deemed competent and willing to sign. He may need gentle persuasion as to why this would be in his best interests.
https://www.gov.uk/government/publi...al-attorney-a-good-practice-guide-web-version
Given your Dad's view about not involving a solicitor, you might be able to do the initial arrangements so long as your Dad is deemed competent and willing to sign. He may need gentle persuasion as to why this would be in his best interests.
https://www.gov.uk/government/publi...al-attorney-a-good-practice-guide-web-version
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You can employ an accountant, solicitor and/or financial advisor once the Financial LPA has been registered, nothing says you have to do it all yourself, you just have to work in your father’s best interests.
hello @Jill69
a warm welcome from me too
you are being very sensible in becoming Attorney for your dad and realising that you will need support to manage his affairs ... this way you retain control but have help
it is perfectly acceptable for you as Attorney to have professionals take on certain tasks and pay them from your father's funds ... indeed, the charges will no doubt be less this way than if a professional were to be appointed as Attorney for your dad ... it's important that you make all the decisions and tell the professionals what you want them to do, you may not simply tell them to take over completely, but they can advise you
personally, I would consider simplifying your dad's affairs, when you are able ... managing a property he doesn't live in is a responsibility (which can be done by a managing agent), and you might consider selling that property
I would also think carefully about your dad's capacity to manage his affairs, given what you have described he is already showing that he is not able to make some decisions and carry out some tasks ... when you take over management of his finances, as he trusts you, you may want to keep from him that you are employing professionals to help you so he doesn't worry about that
these may he useful to you
a warm welcome from me too
you are being very sensible in becoming Attorney for your dad and realising that you will need support to manage his affairs ... this way you retain control but have help
it is perfectly acceptable for you as Attorney to have professionals take on certain tasks and pay them from your father's funds ... indeed, the charges will no doubt be less this way than if a professional were to be appointed as Attorney for your dad ... it's important that you make all the decisions and tell the professionals what you want them to do, you may not simply tell them to take over completely, but they can advise you
personally, I would consider simplifying your dad's affairs, when you are able ... managing a property he doesn't live in is a responsibility (which can be done by a managing agent), and you might consider selling that property
I would also think carefully about your dad's capacity to manage his affairs, given what you have described he is already showing that he is not able to make some decisions and carry out some tasks ... when you take over management of his finances, as he trusts you, you may want to keep from him that you are employing professionals to help you so he doesn't worry about that
these may he useful to you
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It is very much a good idea to have both LPAs. The finance one allows you to access his money to pay for his care either at home or in a care home. Without it the Social Services would apply for Deputyship and take full control of his financial situation. The health one allows you to be kept informed and make decisions about his care including where he should live if he can no longer live at home. Again without it the Local Authority would take over doing that nd you would be kept informed only as next of kin, but have little say in anything else.
I don’t think there is a different time on how long each takes To register.
It's now been nearly 4 weeks since I sent off the Finance LPA. I know it can take 20 weeks, but is it usual to hear absolutely nothing, not even an acknowledgement? We did the whole paper based version (my Dad's choice), so they have to phone to get credit card details for payment and they haven't done that yet either. Is it normal to hear absolutely nothing for 20 weeks? I'm also concerned because I have been picking it apart looking for potential errors (I photocopied it before posting it). The witness has put her initials and surname into the one box which says "full name" (on page 10 as witness of donor's signature). Her full name is listed on the following page as certificate provider, and obviously the signature, surname and address are the same. Are they that picky that they might not process the application, or am I being paranoid? I can't get through to them on the phone. Any advice appreciated.
I don't know if they will send it back because of that - it's usually things dated in the wrong order which I've seen cause issues - but it really takes a long time and it's longer now than before covid. They will be in touch when they want payment. I'm not even sure they would have reviewed it in four weeks.
@Jill69 i know this is something that maybe You don’t want to think about and I debated raising the point with you but you also need to think about yourself. Do you live in your dad’s property that he owns? If so, if he needed to go into care, are you able to support yourself financially. Believe me I am having the same concerns. My sister’s autism should mean the house is safe (it’s called a mandatory disregard) but financially being able to afford to live here without my parent’s input will be difficult to say the least. Have you looked at your own future? I’m sure this is difficult for you but it’s better to think about it now and have time to deal with it than for it to spring up later on and be a shock.
Thank you for your wise words. I think you saved me from getting myself into a real mess. I moved out of my Dad's a couple of years ago, into a housing association flat with a care package. My social worker at the time thought it would be good for me to live independently, and my Dad was in favour of the idea. I now have an assured tenancy. My Dad and I are within walking distance of each other, and he also phones several times a day. I had been seriously considering leaving my flat so as to move back in with my Dad, so that he is able to have someone there with him for company and safety now that he has a confirmed diagnosis of Alzheimer's. Your message has stopped me in my tracks. I now realise the financial repercussions could be quite disastrous. Thank you for alerting me to that.
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