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Lasting Power of Attorney investigation
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beavere38
Posts: 104 Forumite

Not sure if this is the right section to post this in but I could not find a more appropriate section.
I am currently dealing with a shock family bereavement and my elderly Mum is receiving palliative care so I am bracing myself for the next bereavement. I have an awful lot on my plate at the moment as you can imagine.
Mum asked me to create 2 LPOAs (finance and health) in February this year. She had mental capacity and was advised by the other elderly residents of the retirement flats where she lived to get LPOAs set up while she had the mental capacity to prevent problems later on.
I've had a letter from an investigator at the Office of the Public Guardian today.
It states "Concerns have been raised to us about the creation of Mrs XXXX's property and finance and health and welfare LPAs."
It goes on to explain the process and I have a form to fill in.
Section 10 of both LPA application forms was signed by a Doctor who visited Mum at the time. In section 10 of this form the "certificate provider" (in this case the Doctor) confirms that "the donor understood the purpose of this LPA and the scope and authority conferred under it" and also "no fraud or undue pressure is being used to induce the donor to create this LPA"
I have no idea who has raised concerns to the OPG. An independent Doctor has signed the forms to confirm she was doing it of her own free will and she knew what she was doing.
Should I be worried about this investigation or just send the forms back and forget about it all?
I am currently dealing with a shock family bereavement and my elderly Mum is receiving palliative care so I am bracing myself for the next bereavement. I have an awful lot on my plate at the moment as you can imagine.
Mum asked me to create 2 LPOAs (finance and health) in February this year. She had mental capacity and was advised by the other elderly residents of the retirement flats where she lived to get LPOAs set up while she had the mental capacity to prevent problems later on.
I've had a letter from an investigator at the Office of the Public Guardian today.
It states "Concerns have been raised to us about the creation of Mrs XXXX's property and finance and health and welfare LPAs."
It goes on to explain the process and I have a form to fill in.
Section 10 of both LPA application forms was signed by a Doctor who visited Mum at the time. In section 10 of this form the "certificate provider" (in this case the Doctor) confirms that "the donor understood the purpose of this LPA and the scope and authority conferred under it" and also "no fraud or undue pressure is being used to induce the donor to create this LPA"
I have no idea who has raised concerns to the OPG. An independent Doctor has signed the forms to confirm she was doing it of her own free will and she knew what she was doing.
Should I be worried about this investigation or just send the forms back and forget about it all?
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Comments
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Should I be worried about this investigation or just send the forms back and forget about it all?
You know that the applications were above board - your mother's doctor confirmed that she knew what she was doing.
Complete and return the forms and let the OPG carry on with whatever investigation it deems necessary - you have nothing to hide.
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Someone's complained , a relative , someone who thinks that they should possibly be doing it or that you have "forced her " to do things
As above , the doctor can verify the mental capacity so answer all questions on the firm honestly and send back .Ex forum ambassador
Long term forum member0 -
If anyone raises a concern it has to be investigated but there is nothing to worry about unless anything underhand has occurred. Do you have any siblings?0
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"If anyone raises a concern it has to be investigated but there is nothing to worry about unless anything underhand has occurred. Do you have any siblings? "
Only my sister. She was named as replacement attorney (very reluctantly) as she had not spoken to my Mum for over 30 years after a family dispute but I wanted a replacement attorney just in case something happened to me. The irony is she is the family member who died unexpectedly recently. She would definitely not have reported me as she wanted nothing to do with our Mum if she could help it.
I suspect it was a social worker who has raised a concern. It is quite a long story but if you want the details I will oblige.0 -
Better to get this sorted through the official channels now than have a battle later down the road. I'm an attorney for my mum, and if anyone raised an issue, then I would welcome an OPG investigation to confirm no wrong doing had taken place. Put's the issue to bed. If you've acted appropriately then you've nothing to worry about, and you should focus on the other things on your plate. Best wishes..2
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Goodness me - you have enough to deal with, without this on top of it.
As you say it can't be your sister, you have a genuine certificate provider etc etc and all is above board. Horrible when you don't know who the accuser is though
Fill in the forms, send them off and forget about it2
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