Seeking clarity re EPA and H&W LPA

Discussion in 'Legal and financial issues' started by Annie C, Oct 17, 2015.

  1. Annie C

    Annie C Registered User

    Oct 14, 2015
    39
    Wales
    #1 Annie C, Oct 17, 2015
    Last edited: Oct 17, 2015
    My husband and his brother have an EPA (currently unregistered) for my mother-in-law. Are we right in thinking that they should sort a H&W LPA before registering the EPA in order to avoid confusion regarding her capacity to sign the LPA. She does still have capacity but it is rapidly diminishing.

    If people could share their experience in this regard I'd be most grateful.
     
  2. Slugsta

    Slugsta Registered User

    You are wise to be cautious.

    I tried to register my Mum's EPA a short while ago. Eventually, after hearing nothing, I phoned up to ask what was happening and was told there was a problem and the EPA could not be registered, therefore would have to do an LPA. I was warned that, as an EPA is not usually registered until the donor is losing capacity (at best) the system would flag this up and refuse the LPA unless a doctor had signed the certificate

    In your case, I think it would be a good idea to do as you have suggested - get the H+W LPA sorted before registering the EPA.
     
  3. Spamar

    Spamar Registered User

    Oct 5, 2013
    6,992
    Suffolk
    I registered OHs EPA several years ago so that I could deal with some financial matters that were beyond him - practically beyond me as well! To be fair, he didn't care much about money (!) and I'd done the day to day stuff since long before dementia was diagnosed.
    The LPA for health and wellbeing wasn't registered until 2 years ago. There was no problem.
    Whatever you are applying for only has to be understood at the time of signing. Doesn't matter if it's forgotten 2 minutes later.
     
  4. Annie C

    Annie C Registered User

    Oct 14, 2015
    39
    Wales
    Thank you for the good advice :)

    I think we're going to get the H&W LPA sorted next week. Then register the EPA.
     
  5. nitram

    nitram Registered User

    Apr 6, 2011
    19,264
    Male
    North Manchester
    As the EPA has not been registered and if you are doing the paperwork yourselves you could consider doing both the finance and wellbeing LPAs, the online tool is both free and easy.
    The registration cost would be the same and the finance LPA is a much clearer document.
     
  6. Annie C

    Annie C Registered User

    Oct 14, 2015
    39
    Wales
    I'd wondered about that ... sounds like a plan, thank you.
     

Share This Page

  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.