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buying a house and power of attorney
Comments
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Ditch_Crawler wrote: »Thanks for the explanation, which make perfect sense until the last paragraph, which suggests that solicitors are empowered to make medical decisions about people's mental health.
DC
ps what happens if someone authorises a Lasting Power of Attorney whilst fully Compos Mentis, but having become Demented decides to revoke the LPA?
Is the LPA irrevocable, and if so, then just suppose the donor changes his/her mind before becoming demented - would he/she have to prove mental normality in order to cancel the LPA?0 -
The solicitor does not have to make any decisions about people's mental health. All they have to do is assess capacity. That is, does the person understand the information they are being given, can they weigh up that information, understand the consequences and come to a decision. It doesn't matter what the medical diagnosis is, a solicitor can ask simple questions to check the whether person understands what a LPA is and its consequences - you don't have to be a doctor to do that.
Are solicitors trained in these areas during their qualifying courses?
In today's 'blame culture', I would have expected solicitors to be amongst the first to question their own expertise in this area...0 -
It’ll be registered so they can’t do that with going to the COP, probably with legal assistance. Methinks that’d be difficult without ‘capacity’ as they call it.Ditch_Crawler wrote: »ps what happens if someone authorises a Lasting Power of Attorney whilst fully Compos Mentis, but having become Demented decides to revoke the LPA?
It’s revocable at any time before it’s registered, then the above process would apply.Ditch_Crawler wrote: »Is the LPA irrevocable, and if so, then just suppose the donor changes his/her mind before becoming demented - would he/she have to prove mental normality in order to cancel the LPA?
In backside covering? I thought by their mid twenties most people are self trained in that area.Ditch_Crawler wrote: »Are solicitors trained in these areas during their qualifying courses?
You’re assuming they have mental capacity.Ditch_Crawler wrote: »In today's 'blame culture', I would have expected solicitors to be amongst the first to question their own expertise in this area...
Seriously though, Poppy10 is correct in that the solicitor can ask simple questions to check whether the person understands what they are doing, and I agree that you don't have to be a doctor to do that.
It doesn’t stop you presenting granny in one of her ‘good spells’ though…
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My partner and I both work away. His parents hold power of attourney for us so that they could sign the purchase paperwork as it went through when we were away. It was drawn up by the solicitor who handled our house purchase and didnt cost any extra. It is limited to house purchase only, so couldnt be used to go and withdraw money from the bank or anything like that.:jProud mummy to a beautiful baby girl born 22/12/11 :j0
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My partner and I both work away. His parents hold power of attourney for us so that they could sign the purchase paperwork as it went through when we were away. It was drawn up by the solicitor who handled our house purchase and didnt cost any extra. It is limited to house purchase only, so couldnt be used to go and withdraw money from the bank or anything like that.
That's the same as what I had for my husband. I just wasn't sure if I could do it for my son if I wasn't on the mortgage, but your example shows it can be done. If he got away with it I think he'd leave it all up to me anyway! 0 -
If you decide to revoke your LPA, you go to your attorney, and if he believes you still have capacity to make that decision, then you just fill out a deed of revocation.Ditch_Crawler wrote: »ps what happens if someone authorises a Lasting Power of Attorney whilst fully Compos Mentis, but having become Demented decides to revoke the LPA?
Is the LPA irrevocable, and if so, then just suppose the donor changes his/her mind before becoming demented - would he/she have to prove mental normality in order to cancel the LPA?
If your attorney believes you no longer have the capacity to make this decision, but you disagree, then you can appeal to the Office of the Public Guardian. This would involve a court case and medical examinations.poppy100 -
That's the same as what I had for my husband. I just wasn't sure if I could do it for my son if I wasn't on the mortgage, but your example shows it can be done. If he got away with it I think he'd leave it all up to me anyway!
Yes, as far as im aware you can authorise anyone to be your power of attourney. Im not even related to mine.:jProud mummy to a beautiful baby girl born 22/12/11 :j0 -
Yes. Solicitors have to assess capacity all the time, not just for GPA/LPA. For example, when you make a will with a solicitor, the solicitor has to assess whether you have testamentary capacity.Ditch_Crawler wrote: »Are solicitors trained in these areas during their qualifying courses?poppy100 -
If you decide to revoke your LPA, you go to your attorney, and if he believes you still have capacity to make that decision, then you just fill out a deed of revocation
I'm sorry, but I believe that is a medical decision, not a legal one - I have no axe to grind here - I just find it surprising that lawyers would leave themselves so exposed.
DC0 -
Yes. Solicitors have to assess capacity all the time, not just for GPA/LPA. For example, when you make a will with a solicitor, the solicitor has to assess whether you have testamentary capacity.
Specifically, what training do they receive?
dc0
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