LPA Question re: Appointed Attorney diagnosed with Alzheimer's

Discussion in 'Legal and financial issues' started by DeBlonde, Mar 16, 2019.

  1. DeBlonde

    DeBlonde New member

    Jan 23, 2019
    8
    Hi there,

    Two years ago my parents set up Power of Attorney for both Health and Welfare and Financial and Property.
    Each of them to be Attorney for each other and myself as the other Attorney.

    In the meantime, my Mum has been diagnosed with Alzheimers. Can she still act as Attorney for my Dad?
    The LPA was set up for any one of us to be able to act jointly and severally.

    I have an appointment on Monday to lodge the LPA with the bank.

    Thanks in advance :)
     
  2. Beate

    Beate Registered User

    May 21, 2014
    11,694
    Female
    London
    As long as she still has mental capacity, then yes. A diagnosis doesn't mean it has been lost.
    However, it is very good that you are an attorney too, so you can keep an eye on things.
     
  3. canary

    canary Registered User

    Feb 25, 2014
    10,189
    Female
    South coast
    Its not the diagnosis that changes things, its whether she still has the capacity to do it.
    Are you going to the bank on behalf of your mum or your dad? If your mum cant deal with her own finances, then she would not have the capacity to deal with your dads as an attorney
    As the LPA means that you can act jointly and severally then you can just quietly do things without involving your mum.
     
  4. DeBlonde

    DeBlonde New member

    Jan 23, 2019
    8
    Thanks everyone! x
     
  5. nae sporran

    nae sporran Volunteer Host

    Oct 29, 2014
    5,803
    Male
    Bristol
    Welcome to TP, DeBlonde. I think canary and Beate are right, but it may be worth speaking to the Office of the Public Guardian for clarification. They are very helpful, as are AgeUK in advising n such matters.
     
  6. tryingmybest

    tryingmybest Registered User

    May 22, 2015
    619
    Female
    Copied from the Government website:-

    When you have to stop

    You must stop acting as an attorney if:

    • the donor takes you off their LPA - sometimes called ‘revoking’ an attorney
    • you lose mental capacity and can’t make decisions any more
    • you’re a property and financial affairs attorney and you become bankrupt or subject to a debt relief order
    • you’re married to or in a civil partnership with the donor and you get a divorce or an annulment (unless the LPA says you can keep acting as an attorney)
    • you’re a joint attorney and another attorney stops acting, unless the LPA says you can carry on making decisionsn
     
  7. DeBlonde

    DeBlonde New member

    Jan 23, 2019
    8
    Thanks, tryingmybest :) Fortunately we are able to act jointly and separately, so, for know I'll encourage Mum to talk stuff through with me.

    Can anyone advise of where else I may need to apply the LPA's I have both Finance and Property and Health and Welfare?

    Thanks and Happy Monday :)
     
  8. canary

    canary Registered User

    Feb 25, 2014
    10,189
    Female
    South coast
    Banks/ building societies are the main one, but with time you will probably have to register them with utility providers, DPW and their GP.
     

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