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we do not have lasting power of attorney - what next?

lynneeb

Registered User
Jan 19, 2015
2
Hi People
help please

My 95 year Mum has been living independently in her house with only obvious symptoms being fraility and very slight memory loss - as of late December she was still managing simple cross words by herself

I am her only child and have a financial power of attorney - not lasting power of attorney, Mum and I thought we would have time to change if needs be - big mistake!

Falling a fall on 1st January Mum has been in hospital, diagnosed with Dementia with Lewy's and the change is both shocking and dramatic - for example she cannot work out what day it is, that she is in hospital and so on, Each day is worse

Any tips how I can best, and easiest, achieve a lasting power of attorney?

thanks
 

marionq

Registered User
Apr 24, 2013
6,117
Scotland
In Scotland a Power of Attorney is taken out for Finance and also for Health and Welfare. If you have POA for finance then it is the health one you need. Why has it become so important. Are there decisions about your Mums care that you are not allowed to take?
 

nitram

Registered User
Apr 6, 2011
20,651
North Manchester
Your Mum can only grant an LPA if she has capacity and from your post I doubt that she has.

For all DWP related income it is easy and free for somebody to become a >>>DWP APPOINTEE<<<

For all other financialy matters including the future of her house a >>>COP DEPUTY<<< will have to be appointed. This is more complicated and not free.

Legally the existing ordinary power should not be used but you could carry on using it whilst the deputyship was under way, if the bank suspect that your Mum is loosing capacity they may stop you using the power which could cause all kinds of problems.
 

lin1

Registered User
Jan 14, 2010
9,319
East Kent
Hi People
help please

My 95 year Mum has been living independently in her house with only obvious symptoms being fraility and very slight memory loss - as of late December she was still managing simple cross words by herself

I am her only child and have a financial power of attorney - not lasting power of attorney, Mum and I thought we would have time to change if needs be - big mistake!

Falling a fall on 1st January Mum has been in hospital, diagnosed with Dementia with Lewy's and the change is both shocking and dramatic - for example she cannot work out what day it is, that she is in hospital and so on, Each day is worse

Any tips how I can best, and easiest, achieve a lasting power of attorney?

thanks
Hello Welcome to TP.
I am sorry to hear about your Mum.
It is well known on here that people with Dementia are often more confused when in Hospital also a general anaesthetic can cause Dementia symptoms to worsen.
Sometimes this is only temporary and the person makes a full or partial recovery.
I hope Your mum makes a full recovery
Please let us know how she gets on.

Re your question about Lasting Power of Attorney , LPA.
Nitram is correct.

I would like to say that , if your Mum recovers sufficiently to understand the power she is granting to the Attorney (you) and is agreeable Then it will be possible to arrange an LPA.
Having a diagnosis of Dementia or forgetting things 1 minute later does not mean you cant arrange an LPA
 
Last edited:

sue38

Registered User
Mar 6, 2007
10,854
52
Wigan, Lancs
I am her only child and have a financial power of attorney - not lasting power of attorney, Mum and I thought we would have time to change if needs be - big mistake!
If you are in England or Wales, and the Power of Attorney you describe is an ordinary one (i.e. not an Enduring (EPA) or Lasting Power of Attorney (LPA)) then it will be automatically revoked if your mum has lost mental capacity. In the case of EPA's and LPA's they 'endure' or 'last' - hence the names.
 

lynneeb

Registered User
Jan 19, 2015
2
thanks

Thanks people for you quick responses
As I thought but it is good to confirmation

I hope Mum will regain enough capacity on one of her good days - otherwise I will go to C of P

I really am not thinking straight a the moment, still in shock from the rapidity of Mum's decline
 

nitram

Registered User
Apr 6, 2011
20,651
North Manchester
"...I hope Mum will regain enough capacity on one of her good days - otherwise I will go to C of P..."

If you are considering a knowledge based certificate provider it would be a good idea to sound out a suitable person.

You could even have the document ready for the certificate provider to go through with your Mum just prior to them signing. This way you would not have to go through the whole thing twice, once to agree to do it and a second time to actually do it.

Have a look at:-

https://www.gov.uk/power-of-attorney/overview

Section 3 includes a link to an online tool that you can start filling in, the tool stores the document for retrieval and editing.
 

Liz57

Registered User
Dec 22, 2013
184
I'm in a similar situation. No LPA and although I've been told the cost of going to the Court of Protection (or for that matter getting LPA) comes from mum's estate, pursuading her to pay, has proved impossible and I simply don't have the funds for it. I'm between a rock and a hard place as she's refusing to pay for any carers etc. not because she doesn't want them (and she definitely needs help) but because she doesn't understand that she does have the money to pay.

Sorting this stuff out is also pretty time consuming when you're either working full time and caring during the rest of your waking hours.

Sorry no answer but would welcome hearing how you get on.
 

Norfolkgirl

Account Closed
Jul 18, 2012
514
"...I hope Mum will regain enough capacity on one of her good days - otherwise I will go to C of P..."

If you are considering a knowledge based certificate provider it would be a good idea to sound out a suitable person.

You could even have the document ready for the certificate provider to go through with your Mum just prior to them signing. This way you would not have to go through the whole thing twice, once to agree to do it and a second time to actually do it.

Have a look at:-

https://www.gov.uk/power-of-attorney/overview

Section 3 includes a link to an online tool that you can start filling in, the tool stores the document for retrieval and editing.
Who is it up to, assuming the donor retains capacity, to choose a professional (i.e. not GP, not known donor well, not known for 2 years or more) as a certificate provider?
 

nitram

Registered User
Apr 6, 2011
20,651
North Manchester
The donor is completing the LPA, they choose everybody concerned except for the witness of any attorney.

In practise the donor and attorney(s) often agree on a suitable certificate provider.