LPA and making decisions

Gingerpinks

Registered User
Dec 14, 2019
12
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Hi, we have the doctor coming out to give my MIL the results of her MRI scan next week. When the nurse came to do tests he mentioned setting up LPA, my MIL dismissed this until after Christmas. A few weeks ago I printed all the forms off and went through them with her using the upcoming Doctors visit as a push to get them sorted, they have since been hidden away and not mentioned.
My question is...if diagnosed can my MIL still complete these and other forms (she has no will set up etc) or will she considered not of sound mind once the diagnosis is given?
The family have a history of not talking about anything that matters and her two daughters are in complete denial that there is anything actually wrong with her, my husband is reluctant to bring the subject up with his sisters until we have a diagnosis but do we need to put things in place now? thank you.
 

Louise7

Volunteer Host
Mar 25, 2016
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Yes, your MIL can still complete the LPA and will. A diagnosis doesn't mean an immediate loss of mental capacity - whoever acts as the LPA certificate provider signs to say that they are satisfied that your MIL understands the purpose & authority of the LPA. The same goes for whoever witnesses her will, they will satisfy themselves that your MIL understands what she is signing. Get these sorted as soon as possible. If you are not sure how your MIL will react to a diagnosis it might be better to get the LPA form completed/signed before the doctor's visit. She may be OK but she may also be in denial, in which case she might see the LPA as an admittance that something is wrong and not want to sign it. Hope everything goes well, but get the forms signed sooner rather than later.
 

Gingerpinks

Registered User
Dec 14, 2019
12
0
Yes, your MIL can still complete the LPA and will. A diagnosis doesn't mean an immediate loss of mental capacity - whoever acts as the LPA certificate provider signs to say that they are satisfied that your MIL understands the purpose & authority of the LPA. The same goes for whoever witnesses her will, they will satisfy themselves that your MIL understands what she is signing. Get these sorted as soon as possible. If you are not sure how your MIL will react to a diagnosis it might be better to get the LPA form completed/signed before the doctor's visit. She may be OK but she may also be in denial, in which case she might see the LPA as an admittance that something is wrong and not want to sign it. Hope everything goes well, but get the forms signed sooner rather than later.
Thank you, that is my worry that once we have a diagnosis things will become a lot harder and every action will be viewed with suspicion by my MIL and daughters regarding anything financial.
 

Louise7

Volunteer Host
Mar 25, 2016
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Your MIL chooses who her attorneys are so she may decide to choose one or both of her daughters which might help alleviate their suspicions over financial issues.
 

Wildflowerlady

Registered User
Sep 30, 2019
1,103
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Hi @Gingerpinks

I concur with @Louise7 as long as MIL has understanding of the LPA at the time she signs it not a problem. My dad had been to the memory clinic after being referred there by his GP and LPA was mentioned, sister and I were with dad at his appointment and we were already aware such a document existed. The Specialist that saw dad even said he would certify the form should we want him to but at that time we hadn't printed one off.

We had dads GP sign in the end but had to pay a fee but equally it can be signed by a friend or neighbour if they have known MIL for two years or over and happy to confirm she had understanding at the time the document was signed. It doesn't matter if she has no recollection later even if its only a short while. My dad certainly doesn't recall his LPA now.

Capacity is one of those things that is mentioned a lot in dementia my understanding is as long as someone can say yes or no it appears that Social Services go along the line that they have capacity and only intervene if they are in a vulnerable position.
I know exactly what you mean about family not wanting to discuss certain subjects my parents were exactly the same. My mother now passed made no Will but what little she had went to dad anyway, funerals another subject not broached apart from her stating burial and somewhere nice:) which we did find for her.
Dad also hasn't made a Will but to be honest he has no property to sell as both mum and dad lived in Council accommodation all their lives so only a fairly small amount of savings.

So yes get the forms done ASAP and then send off and pop them away somewhere safe until needed. We had dads forms registered with the OPG with my sister and I being Attorneys Jointly and Severally.
To be honest my sister and I don't get along now we had a big falling out years ago only to reconcile when mum died. A simmering pot which eventually boiled over 7 months ago again but I know I trust her as far as dads money goes and presume she feels the same regarding me.
 

Banjomansmate

Registered User
Jan 13, 2019
5,395
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Dorset
I used the cost (to the donor) of going through the Court of Protection if no LPAs were in place as the perfect lever to get them done. Dementia was never mentioned, I said they were a good idea if The Banjoman was ever in hospital or had an accident, to allow somebody to pay bills etc.
 

Lynmax

Registered User
Nov 1, 2016
1,045
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It was the consultant who gave mum her diagnosis who suggested to her that she ought to set an LPA, when we had previously mentioned them, mum was not keen but fortunately she was happy to follow the advise of a medical professional.

I've just completing my own LPA and sent off the forms to the OPG this week, I decided that I would endeavour to make things as easy as possible for my children should I become ill. I've also told them where all my important documents are stored and the password for my laptop so they can access online things as well!