Too much jargon

[Jaxx23]

Im thinking of applying for POA for mum, but Im really not sure what that means, I know it means the attorney has control of financial matters, but Im not getting it

Whats the difference between applying and registering?? If I register, can Mum still use her cards or do they go in the attorneys name?? Mum is still able to go to the bank and get money and use her PIN....

Do we 'have' to let other people know its being applied for??

Who can sign it off, does it 'have' to be a solicitor or doctor??

If anyone can help me in laymans terms, I would be most grateful
Thank You.

 

[Saffie]

The best thing for you to do is to go to the following website and read up on LPA. You can also download the forms there.
http://www.direct.gov.uk/en/Governm...ngementsincaseyoulosementalcapacity/DG_185921

There you will find everything explained. Hope it helps.

 

[ITBookworm]

The government actually provide something useful for a change The following link explains in a remarkably clear way (for government!) what a POA is (or LPA which is the current version of the power of attorney). It also explains how to create and register one with links to the appropriate web sites for the forms and further advice.

Once you have had a look at that lot and maybe had a look at the forms themselves if you have any specific questions do come back and ask again. I know some people have completed all the paperwork themselves while others use a solicitor.

I am in Scotland and FIL set his up himself well before he got seriously ill so I'm afraid I haven't got practical experience of that bit.

Good luck.

Ooops - I totally forgot to actually include the link which conveniently was exactly the same as Saffie posted above.

 

[Anongirl]

I have similar questions Jaxx23. Reading the forms has made my head hurt!

Does it have to be a doctor who signs as a certifier or just someone who has known her for over two years?

If my brother is replacement attorney can his girlfriend be a signature witness or even be a certifier who has known her for over two years?

Sorry to jump on your thread Jaxx!

 

[2jays]

Me too I'm confused about these forms and when to register them.

What the OPG told me was..... You can register POA at any time

but....

You cannot use them until a doctor has confirmed lost capacity

So I asked

Do I or the GP have to send you confirmation when capacity is lost?

Answer.....No, once registered you need do nothing else.......

But .....

if you are challenged on a decision you have made and the doctor hasnt confirmed lost capacity it could be difficult for you.....

There you go then..... Clear as mud

 

[ITBookworm]

Does it have to be a doctor who signs as a certifier or just someone who has known her for over two years?

If my brother is replacement attorney can his girlfriend be a signature witness or even be a certifier who has known her for over two years?

Hi Anongirl. I'm afraid not 100% sure of my answer to your 1st question but I thought that you didn't have to use a doctor as a certifier BUT if there is any doubt about whether she is still capable of signing the forms legally it is probably safer to use a doctor as certifier.

Again I am not sure if your brother's girlfriend could sign as a witness (off hand I would have thought that was OK) but I am reasonably sure that she could NOT sign as a certifier. When I was looking for the forms yesterday I saw a case on the OPG site for Scotland which went to court about exactly that and the LPA could not be registered because the partner of one of the attorneys was a certifier.

Hope that helps a little at least.

 

[tigsmum]

You don't need a doctor or other professional to act as certificate provider. My husbands friend ( who has known him since school days) signed ours and it was registered without any queries.

 

[Anongirl]

Hi ITBookworm

I just read the guidance and it pretty much says its best not to use a family member or anyone connected to a family member as a certifier so I guess that rules her out as eventually they may marry then she's related by marriage. I guess she could witness signatures though but I better check on that.

I guess I need to find someone totally unconnected to us. It feels like a minefield. She won't want to get neighbours involved but they are the only other people who could really apart from doctors involved in her care. Everything is a headache at the moment!

Thanks x