My mum signed a LPA with the solicitors back in April, and concerned that I hadn't received any letters, I rang the OPG as an Attorney, they let me know that it was never submitted. I spoke to my mum who admitted she had asked the solicitors not to send off. I couldn't believe it! She had paid over 1000 pounds to get this completed. I am not sure where this legally puts her, if she loses capacity can we ask the solicitors to send it off or is it all invalidated?
LPA
- Thread starter shehasredhair
- Start date
Unfortunately it looks like mum doesn't want an LPA. If its not registered by the OPG its not valid.
Still as valid an application as when it was signed, get it registered.
OPG advice is to register it as soon as its signed, this both enables any errors to be corrected whilst donor has capacity and means it's ready for immediate use if required.
Solicitor takes instructions from the Donor...I think what you are suggesting could be seen as not correct to be polite?
I'm suggesting that solicitor acts in accordance with OPG advise, it's not unknown for a solicitor to make an error on a document.
Have you asked your mother why she asked the solicitor not to send it to be registered? Has she perhaps misunderstood the process? If so, further explanation may alleviate any concerns, so she can instruct the solicitor to send it.
I don't think the solicitor will take instructions from you about it. It is your mother's document.
I don't think the solicitor will take instructions from you about it. It is your mother's document.
She says she wants to wait until she moves, as has the house on the market. Unfortunately I fear that her memory is diminishing and worry what happens if she loses capacity, I gather the LPA she signed will be worthless then, she is worried about the LPA and tbh does not really know why she stopped it being sent
The issue is if there are any errors in the documents as it may be too late to correct if capacity is lost in the in between time.
Having gone through with this twice - mum and uncle, I have already registered both of mine and hope they won’t be needed for decades. You still have to give permission to act if you have capacity!
Having gone through with this twice - mum and uncle, I have already registered both of mine and hope they won’t be needed for decades. You still have to give permission to act if you have capacity!
Obviously you know your mum best, but this scenario reminds me of my mother in law who was passive aggressive. She would go along with an idea or suggestion up to a point, but in fact had absolutely no intention of going through with it. Not easy to deal with I'm afraid.
As you say if her memory is failing you really want her to get it registered. Are you able to have a talk with her and persuade her it is the right thing to do to get it registered now?
No need to ask, the OPG advise to register as soon as it is made in various documents and for various reasons
eg
Registering the LPA soon after it is made means that it
will be ready to be used by your attorney(s) when needed.
The longer the LPA is kept after making it and before
registering it, the more likely you or your attorney(s) will
need to keep its contents up to date (addresses, contact
details, etc.). During this period, your made LPA cannot
be amended. If your circumstances change, or your LPA
is no longer relevant for some reason, you must complete
a fresh LPA form
P3
Yes I have spoken to her, she said she will speak to the solicitor, she is worrying about losing her independence. It is very stressful she has lied for the last three months, saying the OPG letter is coming.
Agree with the advice to get it registered asap. Ours took 5 months to get processed when needed urgently, not helped by OPG losing documents! It was very stressful
It does sound like she has misunderstood the process. Registering the LPA does not mean losing her independence. There is no need for you to begin using it straight away, it just means that when it is needed, it is ready and waiting.
Ir depends how it is set up, but my mother's LPA was registered at the OPG, and then left with her solicitor. It was there for three years before I needed to use it. At that point I rang and asked him to send me copies but he said it was my mother's document so she would have to contact to him asking him to release it. So I typed a letter and she signed it.
I have done an LPA myself, I'm only in my 60s and hoping not to need it for many years!
Ir depends how it is set up, but my mother's LPA was registered at the OPG, and then left with her solicitor. It was there for three years before I needed to use it. At that point I rang and asked him to send me copies but he said it was my mother's document so she would have to contact to him asking him to release it. So I typed a letter and she signed it.
I have done an LPA myself, I'm only in my 60s and hoping not to need it for many years!
Yes you can, the Financial one can be brought into use if you realise you are having a problem or if you are in hospital with a physical problem and can’t get out to deal with things. It isn’t only for dementia, it can be brought into play at any time.
