Power (Lasting ?) of Attorney

castle96

Hi all,
friend has a problem. He and his brother's, (only 2 children) father is in hospital. Has lost mental capacity (their opinion, and they need to deal with his 'affairs' (ie. bills, bank accounts, health matters/care home etc). He has asked for advice. Obviously recommended solicitor and CAB, but the former has costs, the second is time off work.
Looking on the interner, an Enduring Power of Attorney (EPA) was replaced by the Lasting Power of Attorney (LPA), in 2007. OK so far, but all that I read, relates to a LPA being made/taken out BEFORE the father would have lost capacity - therefore not a lot of use now.

What should they apply for now - ie father cannot act for himself.
The Public Guardian and Direct Gov sites give a lot of non-specific info, but does anyone have any info/experiences/links for specific info/costs, for the brothers. (Also, do they need to get a letter from father's Dr)
Thanks

Biggles

It's not their opinion that matters about his 'mental capacity'.

Does he have lucid phases where he would know what he saying and doing? And would a doctor give the opinion that he did? Under those circumstances, he could still sign an LPA.

Consider that aspect first, as going to the Court of Protection can be both expensive and time-consuming. An LPA (as long as you don't involve a solicitor) can be very inexpensive and will only take about six weeks.

dzug1

If the father HAS lost capacity then they need to ask the Court of Protection to appoint a Deputy. Expensive and time consuming. Think £400 court fee for starters.

zzzLazyDaisy

Biggles wrote: »

An LPA (as long as you don't involve a solicitor) can be very inexpensive and will only take about six weeks.

BUT if you seek to rely on it, it must first be registered with the court of protection, and then it starts to get expensive.

Biggles

BUT if you seek to rely on it, it must first be registered with the court of protection, and then it starts to get expensive.

It can't take effect till registered (that was the six weeks I mentioned) and the total fee is £120.

reillyhub

Hi I have recently set up an lpa (welfare) for my mum although she is not so declined with her illness i set it up to allow me to make welfare decisions on her behalf if the need arises in the future, I phoned them up and asked for a claim pack and filled the relevant packs in for welfare and it took about 10 weeks. I made a mess of the first 1 and they sent it back and i sorted it and sent it off again and as i say took about ten weeks. The cost which was £150 was waivered because my mums on attendance allowance i had to photo copy her award letter and send it them.There is another pack for estate or wealth if you like which also costs £150 and also waivered if sponsors on certain benefits.They were always really helpful when you phoned them so a phonecall to them to ask what course of action is necessary for setting up lpas when someone is not able to propose it themselves theyre the experts and their advice is free apart from the phonecall. Goodluck

castle96

still need an answer to my original Q though.

How to set up an (LPA) once father is ALREADY non-compos

Biggles

castle96 wrote: »

still need an answer to my original Q though.

How to set up an (LPA) once father is ALREADY non-compos

As you say in your OP, you can't.

If they are definite that he has lost mental capacity (if in any doubt they should first read http://www.publicguardian.gov.uk/decisions/asking.htm), they would need to apply to the Court of Protection to be appointed as a Deputy. All the forms and guidance are here http://www.publicguardian.gov.uk/forms/cop-forms.htm