Our hands are tied- LPA

[canary]

If we don't have LPA, how can we help my mother with her financial and health matters?

If your mum hasnt done POA and she has lost capacity you can apply to the Court of Protection for Deputyship. My mum would not sign POA because she thought people were stealing from her and then she was deemed to have lost capacity, so that is what I had to do. There is more paperwork involved (I filled in the forms myself so didnt use a solicitor) and is, perhaps, a bit more restrictive, but I found it sufficient to do everything that I needed to do for mum (including sorting out a care home, organising her finances and selling her home) right up until she passed away.

 

[FoxMulder]

hi Fox Mulder
from the responses, members are not clear on exactly what has occurred and it's tricky sometimes to try to explain in writing - so I'd suggest you call the AS helpline to have a talk with one of the operators who have a lot of knowledge on legal issues - that way the operator can ask questions and you can respond in real time

best wishes

Hi Shedrech,

I have tried to phone the helpline number you have given on my minicom via Typetalk but I have to leave a message and wait for an Adviser to call me back. When someone rings its difficult to know whether its a minicom call or a hearing person calling. My partner is hearing and uses the hearing phone. My minicom and my partner's phone shared the same phone line.

Please can advisers issues minincom numbers or email addresses for deaf/HOH people.

Cheers

 

[Shedrech]

hi Foxmulder
no-one means to be harsh, everyone is trying to help, it's just that none of us can wholly grasp what's gone on - which is why I really do suggest you call the AS helpline

it feels to me that there's one bit of puzzle not slotting in, and then we'd get the picture - so chatting with one of the helpline operators may clear things for you

best wishes

PS sorry this post crossed with your post no22 - I wasn't deliberately ignoring what you wrote

 

[nitram]

When the AS advice service asks for details to call back the OP could include a request to precede their phone number by 18002 which should cause the Typetalk operator to come on line when the call is answered.

http://www.thedispensary.org.uk/physical/health-directories/rnid-typetalk

 

[oilovlam]

When the AS advice service asks for details to call back the OP could include a request to precede their phone number by 18002 which should cause the Typetalk operator to come on line when the call is answered.

http://www.thedispensary.org.uk/physical/health-directories/rnid-typetalk

OP = Original Poster

It took me ages to work out what that meant. Just in case FoxMulder hasn't seen it before.

 

[FoxMulder]

Unhelpful letter from my mum's GP

Continuing from Our Hands are Tied. My mother went for an second Assessment with her doctor to determine whether she has mental capacity to make important decisions for health and Financial matters or not. Yesterday I received a letter from her doctor explaining what happened during the assessment but he did not reveal the result of his assessment. To put it mildly it was a rather confusing and contradictory letter. He said my mother did not seemed to grasp what was LPA and was unsure about giving me and my partner LPA. He then goes on to state that her underlining health problems was the reasons for her to becoming more forgetful . It took me several letters to him to get an referral for an Assessment to the memory clinic and after a scan it was confirm she had Alzhemier's Disease and now he saying that he thinks its her underlining health problems is causing her memory loss. So now we have to pass this letter to the Solicitors and it will make everything more difficult now in trying to get help for my mother. My mother's GP has been very unhelpful at times and does not seem to understand Alzehemier's Disease. He advised me to make another appointment for my mother with another Doctor. So its another two steps backwards.
To top it all my mother attended the Breast Clinic last Week and it is not looking good.
She had two scans and a biopsy and will have to attend another appointment next week to get the results. My mother was being was being very difficult when she would not let me go with her in the Doctor's Room. I got upset when I tried to explained to the one of the nurses that my mother has Alzehmier's Disease and I am profoundly deaf and need to know what was happening. This nurse showed no deaf awareness and was extremely rude and abrupt with me. So I waited in the waiting area but I went to reception and explained about my mother. So the rest of the staff, the matron nurse and the consultant were most helpful in explaining what was happening but strongly urged me and my Partner to get LPA as soon as possible. Due to patient confidentially we were unable to get a picture of what they found in the scans. They could only give us the dates of appointment. Now I get this letter from her doctor and it going make everything difficult to trying to access information and get help for her. She is getting more forgetful. Its feels we are trying to climb the wall but we can climb over it as bound with slippery red tape. Sorry for rant but I am frustrated . How will my mum cope if the results of her biopsy turned out be positive.

 

[oilovlam]

FoxMulder, sounds like the GP doesn't think your mother has lost capacity....although they have suggested a second opinion (as I understand it).

Have you confirmed with the solicitor that LPA's (financial & Health) are in place and would be initiated when mental incapacity was confirmed?

If your mother has capacity (according to doctors & solicitors) then they have to follow her wishes. So you will have to work with her, providing as much support as she will allow you to give.

She obviously doesn't understand that an LPA would allow you to help her much more. She might think you are trying to take over her life...paranoia is part of dementia I think.

It's a tricky dilemma.

 

[wazza]

Lpa

A person is judged to have capacity to sign a POA so long as they understand and agree with what they are signing at the time of signing - it doesnt matter if they forget about 5 mins later, its still legal.

Did your mum have a clause inserted to say that the financial POA could only come into effect once she had lost capacity? If not then as soon as the POA has been registered you are good to go. You can only use Health and Welfare POA once capacity has been lost, but with the finance one you can use it at any time - unless there is that clause.

That's it in a nutshell. The "donor" has to understand what they are signing, AT THE TIME OF SIGNING