LPA and mental capacity act

[myheadisinaspin]

we have for some time had LPA of mums affairs and health care needs, we have found we have come up against some companys who wnat evidence of the fact mum lacks mental capacity, which we are in process with at the doctors. what happens during a session to determine lack of mental capacity, im really not keen on putting mum through any more stress, doing the mini mental test at hospital was bad enough she couldnt do it at all. why do these comapnys want this, when LPA is in place and we handle her affairs. even our solictor has been onto them and asked and said we dont need mental capicity being evident as LPA registered with public guardianship is enough to warrent the power to act on her behalf. can someone please explain.

 

[jenniferpa]

You have two registered LPAs? One for finances and one for welfare? And some of the companies you need to deal with with regard to financial matters are insisting on some kind of capacity assessment? Do I have that right?

Sorry for all the questions but this seems more than a little odd. If it's in relation to welfare issues, it's still odd but perhaps more understandable as the assumption is, even with an LPA, that there may well be things that a person can determine for themselves even if there are others that they cannot.

 

[FifiMo]

Can I suggest that you just check the wording of the LPA and make sure it doesn't have a caveat in it that says that the LPA is only granted at such time as the person granting it no longer has capacity. This could be why someone is querying whether this has now been established.

Some LPA's have no caveats and can therefore come into play at any time. Indeed anyone can grant power of attorney to another person for numerous reasons and at any time. If the purpose of drawing up the LPA wasn't to give you immediate powers to run someone's affairs, but rather as an insurance policy for the future, then a caveat can be included stating when and under what circumstances the LPA comes into full force and effect.

If there is no such caveat, then I too am stumped. Not sure who the company is in particular, so I would suggest if it is possible, finding another company perhaps - one which is more accommodating.

Fiona

 

[myheadisinaspin]

the LPA is for both health and welfare and finances and was written up by mums solictors and registered immediately with OPG one is a bank one she invested alot of money and although they have accepted we are LPA they are asking for evidence of mental capicity lack of, even the solictor cannot undestand why they should be asking. when in fact we can close the account down if wish, but apparently they cannot act in the butying and selling shares without it, sounds odd to me, we respect my mothers wishes and know waht she wants to do with this account which is for it to remain, but this is ongoing and becominga headache would be far easier to close it and invest elsewhere. im awaiting the doctor for advice, hoping it will just be an assessment for mum,take form there. just wondered if your going to come up against this yourselves just beawre!!!!!!

 

[nitram]

I had this problem, a phone call to her consultant produced this free of charge.
I now send a copy with any new request for the LPA to accepted by a new financial institution