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Power Of Attorney Mental Capacity Assessment

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Hi,

I am posting on behalf of my mum. My mum is my Nan's carer. My Nan is 83, bed-bound, deaf but still has mental capacity. My Mum was looking into how to get power of attorney and has been told a mental health doctor will have to come to the house and assess my Nan. Has anyone had experience of this? How long does the process take? The cost etc..

Thanks

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  • alanq
    alanq Posts: 4,216 Forumite
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    edited 22 May 2018 at 3:35PM
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    Having a health professional make an assessment may be necessary in some circumstances such as when capacity is variable or borderline. It would also avoid any doubt should anyone challenge the LPA later. However, in general, it is not a requirement that the certificate provider be medically qualified. I have a LPA for my mother created when she was in her mid-eighties, and with capacity, certified by one of her friends.

    https://www.ageuk.org.uk/information-advice/money-legal/legal-issues/power-of-attorney/
  • Keep_pedalling
    Keep_pedalling Posts: 16,954 Forumite
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    Hi,

    I am posting on behalf of my mum. My mum is my Nan's carer. My Nan is 83, bed-bound, deaf but still has mental capacity. My Mum was looking into how to get power of attorney and has been told a mental health doctor will have to come to the house and assess my Nan. Has anyone had experience of this? How long does the process take? The cost etc..

    Thanks

    What she has been told is complete nonsense. Part of the application needs to be completed by a certificate provider to show that she does have the mental capacity to agree to appoint attorneys. This can be a medical professional, but it can also be anyone who has known your Nan for at least 2 years, so a friend or neighbour can do this for her.

    More details on the following link.

    https://www.ts-p.co.uk/publications/lpa---acting-as-a-certificate-provider/download
  • Browntoa
    Browntoa Posts: 49,339 Forumite
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    Certificate provider has to be someone who has no other role in the LPA either as an attorney or as a substitute attorney .

    It's easy to fill out the forms yourself , if you make a minor mistake they will write and inform you what needs doing
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  • humptydumptybits
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    I've got a LPA for aunt, no professional involved. When I moved her into a home professionals were involved in Deprivation of Liberties, a psychiatrist and a social worker in her case not sure if that is always the case. I was happy with their involvement as it meant I had back up when some of her friends challenged me on the decision.


    Maybe whoever advised your mum was confusing LPA with DOLs.
  • WillowCat
    WillowCat Posts: 974 Forumite
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    I agree with the other posters that if it is clear she retains capacity she doesn't need a professional to be a certificate provider.

    I used a private social worker as certificate provider for my gran - but she already had a dementia diagnosis and was living in a care home. Although her memory was poor she was able to understand the questions put to her long enough to give her consent. The fee was £100, and I filled in the forms myself and the certificate provider simply signed his portion. If I had used a local solicitor (who surely wouldn't have been as suitable a professional in the circumstances, but who did offer their services) the fee would have been much higher - I was quoted £700 - as they insisted on doing the whole process.
  • arthurx1234
    arthurx1234 Posts: 421 Forumite
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    "I agree with the other posters that if it is clear she retains capacity she doesn't need a professional to be a certificate provider."

    I have completed 6 LPA forms (including my own form) you DO NOT need a professional person to be a certificate provider.
    Fill the form in from the GOV.UK website, print it off, there is a guidance sheet informing you who can be an attorney/certficate provider, get the relevant sections completed pay your £82.00, £41.00 if the donor has less than £12,000 per year income, £00.00 if the donor is on benefits.


    Its not too hard just be methodical and follow the guidelines


    good luck


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