LPA

Margaret Cymru

New member
May 11, 2021
6
0
Does anyone know if I am able to put an LPA Health and Welfare in place when my husband is not mentally stable enough to know what he is signing. He doesn't know who I am any more so might not sign anything because he will think I'm up to something.
 

Duggies-girl

Registered User
Sep 6, 2017
3,620
0
Hi @Margaret Cymru I think you may be too late. The LPA has to be signed in front of a witness, someone who has known your husband for 2 years I think and there also has to be a certificate provider who is just someone who would speak to your husband to make sure that he understands what he is doing. I used dads neighbours for his LPA, some people pay a solicitor but that is not really necessary. It can be friends or neighbours but not immediate relatives. If your husband thinks you are up to something then he really doesn't understand fully what he is doing.

Wait and see what others have to say because you might get some other answers that are more helpful than mine.
 

nitram

Registered User
Apr 6, 2011
30,081
0
Bury
You don't put an LPA in place, your husband grants it to you whilst he retains capacity.
Your assessment of his capacity

my husband is not mentally stable enough to know what he is signing.
means that, unless he has moments of clarity, your only route is Court of Protection Deputy
 

thistlejak

Registered User
Jun 6, 2020
486
0
Just for information Health and welfare Deputyship is rarely granted and is only done on an issue by issue basis.
 

Margaret Cymru

New member
May 11, 2021
6
0
Hi. Thanks for the response. I never gave an LPA a thought to be honest because, as you say, it would have been up to my husband, but the clinic said I should get one in place. Maybe they didn't realise how disorientated he is but I definitely think it's much too late. Thanks
 

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