Problem with PoA

[bemused1]

I've just asked oh's( and my) doctor whether she could do the certificate providers bit. for the PoA. First response- isn't there anyone else who can do it? In fairness she hasn't seen him since jan. But the simple reply is , no there isn't. Then she looked askance when I said I wasn't doing it via a solicitor so now I'm wondering whether I should be.

Finally she said she would have to check the paperwork and ushered me out of the room.
So now I am left wondering whether I am doing this all wrong and who else can I ask to do it? Has anyone got any advice please?

 

[Saffie]

I though that even a neighbour could serve as well for that part of the application ,as long as they have known the person for some time. Is this not right? Many people on TP have done the forms themselves and I intend to do my own for myself, once I have the time.

 

[SueShell]

I've just asked oh's( and my) doctor whether she could do the certificate providers bit. for the PoA. First response- isn't there anyone else who can do it? In fairness she hasn't seen him since jan. But the simple reply is , no there isn't. Then she looked askance when I said I wasn't doing it via a solicitor so now I'm wondering whether I should be.

Finally she said she would have to check the paperwork and ushered me out of the room.
So now I am left wondering whether I am doing this all wrong and who else can I ask to do it? Has anyone got any advice please?

I used my friend as 'person to be told' because shes also known my Mother for 30 years. It doesn't have to be a doctor, just someone that knows him. Person to be told can be same person as witness in parts of the form, then you need another witness for your signature if you are the attorney. It's a nuisance that it can't be a relative or even an in-law, as when most people get old they don't have many, if any, friends you can use to complete their part of the form. I didn't go through a solicitor to do my Mother's. Hope this helps, Sue

 

[jenniferpa]

Yes, Saffie - you are correct: you do not have to use a professional as a certificate provider. I think I might be cautious about who I chose, particularly if there might be family members who might be difficult but it can be anyone at all (except a relative basically, or an employee I believe or someone who stands in that sort of place to the donor (care home manager for e.g.)).

 

[bemused1]

Thank you everyone. I know it doesn't have to be a professional but there really isn't anyone I would trust. OH's 'friends' are people he used to spend time with in the pub and as someone said, older people don't tend to have friends. Added to this oh is very very picky about who knows about it since of course there is nothing wrong with him and why would he want anyone to think there was????

You see my dilemma? As for solicitor I really do not see why, I've done the forms, have some points to check with opg and make sure I get things signed in the right order.

I actually wonder whether this doctor has ever dealt with dementia- she said well sometimes he's lucid and sometimes he isn't. Well duh!!!

 

[sue38]

I do wonder whether the GP is familiar with the process of being a certificate provider for an LPA.

A solicitor might be prepared to be the certificate provider only, rather than preparing the whole thing, for a lesser charge. I am a solicitor and have done this on one occasion. There were a few errors in the papers they had prepared, so I was able to point those out.

Other health professionals, other than the GP, might also be able to act.

 

[bemused1]

I do wonder whether the GP is familiar with the process of being a certificate provider for an LPA.

A solicitor might be prepared to be the certificate provider only, rather than preparing the whole thing, for a lesser charge. I am a solicitor and have done this on one occasion. There were a few errors in the papers they had prepared, so I was able to point those out.

Other health professionals, other than the GP, might also be able to act.

Many thanks for that suggestion, I will talk to the solicitor who holds our wills.

 

[mrjelly]

My Dad's GP wouldn't act as a certificate provider either and said it was a job for a solicitor.

A neighbour was willing, so we were OK in the end.

 

[Jess26]

I'm confused by this. My brother and I are joint attorneys for mum. My hubby is "person to be informed"
The paperwork was prepared by a solicitor (brother's friend) she never said that hubby shouldn't be named.
LPA has been registered without comment.

 

[jenniferpa]

Jess - I think you may be confusing the certificate provider with the person to be told.

 

[chrisuz]

When we did the LPA's we did them ourselves and also found the GP, CPN, and SW unwilling to be a certificate provider so we asked a family friend of many years to certify and a different long standing friend to be the person to object. I then took the paperwork to be checked by a solicitor who was quite happy with what we had done and witnessed my signature on one of them. The OPG seemed quite happy with that.

 

[bemused1]

Thanks for advice everyone but I really feel I am in a cleft stick now. There are no long term friends, oh doesn't want people to read the documents in advance because he doesn't want anyone to think he has anything wrong with his memory. He#s refused any help from professionals such as cpn so there's no point trying there. It seems I have no choice but to consult a solicitor and hope that they will be cooperative about being a certificate provider.

I've really lost faith in my own ability atm. The forms are pretty straightforward and there is lots of help available. Everyone I've spoken seems to emphasize the importance of PoA and I didn't expect to run into this problem. Now i'm wondering whether I really should just park the whole thing on the local solicitor and wave the money goodbye.

So another question, is it better to use the local solicitor or one with specialised knowledge of the process. Its a very straightforward one iwth ni problems.Advice on this please.

 

[Saffie]

There are no long term friends, oh doesn't want people to read the documents in advance because he doesn't want anyone to think he has anything wrong with his memory.

Prhaps you could explain to him that you have to be' of sound mind' to make an LPA. I intend to do mine very soon - and I have, I think, mental capacity. I know young people who have made LPAs already because, having parents with dementia, they realise how important it is to have something in place before anything happens to cause a problem. It is not just older people who can lose mental capacity - anyone can have an accident.