LPOA - Refusal to Countersign

Eaexh01

Registered User
Jul 6, 2020
40
0
I have posted previous threads regarding my mother and her mental health but desperately hoping someone will be able to help.

in a nutshell my mother was admitted under a S2 then DoLS to a mental health unit back in July, diagnosed with ‘delirium’. We did suspect rapid onset dementia but that has been discounted.

After being very unwell for for sometime she thankfully recovered and has regained mental capacity. However as she is still very frail mentally and physically she cannot return to her home. The unit’s discharge team are looking for a nursing home but this is no easy task during current times and the weeks are rolling by.

My pressing problem is that for sometime i have been trying to get LPOA for Mum. We had started the process before she became ill but obviously that was parked and at one point I thought we might even have to apply to Court of Protectiion (thankfully no longer needed).
I have everything ready for the LPOA to be countersigned but I can’t get anyone to counter sign the application!

none of the medical staff/psychiatrists will sign - say it is against their ethical code;
Her GP won’t sign - says hasn’t known her long enough as Mum had to be reregister when she temporarily moved to nursing hime before hospital admission.
Solicitor won’t sign - says no protocol in place for them to remotely witness LPOA and maintains giving the circumstances it needs signing by a qualified medical practitioner.

I am beyond stressed and frustrated! Whilst they argue between themselves my Mum’s property and finances are not being managed adequately and daily I am facing issues that I have no authority to deal with.
What on earth can I do? I feel like I constantly hit a brick wall with the medical staff and they are going out of their way to make this already distressing situation even more difficult

any advice at all is very much appreciated!
 

marionq

Registered User
Apr 24, 2013
6,449
0
Scotland
I understood that anyone who has known your mother for at least two years and can testify that she understands what you are doing can be a witness.
 

Eaexh01

Registered User
Jul 6, 2020
40
0
Also given the circumstances of her admission I am not sure any ‘lay person’ would be comfortable counter signing.
 

nitram

Registered User
Apr 6, 2011
30,291
0
Bury
Solicitor won’t sign - says no protocol in place for them to remotely witness LPOA and maintains giving the circumstances it needs signing by a qualified medical practitioner.

Not much use in this case as solicitor has indicated they they don't feel qualified to assess capacity but in case anybody else is having problems it's worth noting that there is a protocol for signing by video link during the coronovirus outbreak.

Rules on witnessing

The witness must:
  • be shown the blank signature and date box before they’re signed
  • have a clear view of the person signing the LPA, so they can see the signature being made
  • be shown the completed signature and date box immediately afterwards
Signatures must be witnessed in person.