Registering an LPA

[Severine]

Hello

I am new to the forum. I have just found out my father has Alzheimer's although I have suspected something similar was the case for some months. He is 84 and a while ago he made out LPAs for both financial/legal affairs and health and welfare. My brother and I who are jointly appointed now feel the time has come to suggest to my father that we register the LPAs so they are in place when needed (he is suffering what I would imagine are mild to moderate symptoms but it is quite variable day by day). I understand we can do this - the registering of the LPAs - ourselves (with my father's agreement) via the OPG by completing the necessary forms and sending them with the fees and original LPA documents, without involving a solicitor but I am not clear what change in status occurs when these are registered. Can my father still continue his affairs as normal until such time as he needs help? Does anything automatically come into force or is the LPA just 'ready to go' when needed. If anyone can advise or has experience of this situation I would be very grateful for any knowledge or advice you can offer.

Thank you. Severine

 

[2jays]

My suggestion - register it as soon as possible. The only time you can implement it fully is when your dad has been assessed as fully losing mental capacity, until then you can use it, but with "agreement" from your dad - when I say agreement, social circuses want mum to agree to her house sale, she is not considered mentally incapable of making her decisions so they want her agreement that I can sell the house - what this actually boils down to is that they want to hear mum say she is happy for me to deal with her finances. I don't need to mention a house sale or anything as distressing as that which would cause mum to panic.

Good luck xx

I wouldnt tell dad you are registering it because of his memory White lie to dad - you have to register the POA after a certain number of months/years of it being done, so you need to register it - unless it won't upset him or distress him "there is nothing wrong with me"

 

[Contrary Mary]

Well, when I did POA for myself (in case of unforeseen circumstances) they were both registered straightaway. The health one can only be used when capacity is lost. If the finance one needs to be used, THEN is the time to take it to the bank etc.

If you want to be in a position to be able to use it at relatively short notice, it would be best to get it registered now so that it is ready to take to the bank as they will take a little while to set it up on their system.

I should stress that I am, as far as I know, in good health, but I regard it as "insurance". While Dad would need to know that it is registered, his bank doesn't!!!

 

[Starling]

Hi Severine
I agree with 2Jays that it might be a good idea to tell him that while lie. Also, you need to bear in mind that if there are any errors in the LPA you won't be able to amend it but will have to resubmit a whole new one which will of course create a delay and be a big headache for you I'm sure. Also, when you request to register the LPA, the OPG have to allow 5 or 6 weeks for Persons to be Told to respond to the "Notice of intention for registration of a Lasting Power of Attorney" that you'll need to send out when you put your application in. If my past experience is anything to go by it can all take months before you get the endorsed LPA back so the sooner you get it registered the better.
Good luck!

 

[Karjo]

I registered quite early on as mum was losing her bank card, forgetting to pay bills etc. the bank only allowed one card which mum insisted on keeping, forgetting PIN, and losing! It was a nightmare as i felt responsible for her finances yet she was withdrawing money and losing it. i just didn't know what the point of it was, I felt I had all the repsonsibility but no power - frequently asking where was the power in power of attorney!?
Then mum was sectioned and boy did i see the sense in it all then!It was sudden and brutal. from driving around in her own car to being a virtual prisoner overnight in an assessment unit.
I have both health and welfare and financial and it is one of the best things I hAve ever done. No questions asked, no explanations required. It has all fallen into place and though a lot of paperwork sorting everything as well as visits to mum it is better than some of the folks I have met along the way trying fo sort out their parents affairs with the restrictive and expensive alternatives.
My advice- get it registered, send out the copies to everyone who needs it. you dont have to use it until your parent is declared without capacity . And meanwhile they no doubt can/will have you running around in circles with worry. Just keep good records of any transactions you make and try and protect your parent as much as possible. If you are aware of missing money make sure the finger is not pointed at you if possible.
but please please register asap - it takes a good few months to go through and dementia does not wait for the system.

 

[Margaret W]

Good point from Karjo - keep records of anything you spend. A brightly-coloured notebook that you can put your hands on easily will do, you don't need accountancy qualifications. Keep receipts too. Likely nobody will ever ask for these records, but you never know.

Best of luck

Margaret