Improper person applying for lasting power of attorney of my parents affairs

sevenhills

Deisel_Weisel said:

Yes, my parents need to have LPA’s in place sooner rather than later, but as I said, my brother is completely inappropriate.

You have left it at least 5 years too late.

thegreenone

Check the Land Registry to make sure Brother hasn't put any moves on the house.  I understand you can set up an alert that will inform you if anyone tries to change anything.

RAS

Useful info in this thread

Fraudulent Power of Attorney — MoneySavingExpert Forum

re the POA and land registry

thegreenone

RAS said:

Useful info in this thread

Fraudulent Power of Attorney — MoneySavingExpert Forum

re the POA and land registry

RAS - thank you.   I got side-tracked and forgot to find this thread.

Deisel_Weisel

Sorry, I've been busy.

Just to correct something first of all. As far as I know, the LPA's applied for are for my mother ONLY, not my father, as I previously stated. My mistake. My mother received two letters, for each LPA. My father too, for my mothers LPA applications. I received nothing, despite living at the same address.

So I'm looking to follow the correct procedure, downloading the right forms and returning. However, I'm wondering which course I take. I'm on this page: https://www.gov.uk/object-registration-power-attorney

There are various options:

- Object if you’re the donor
- Object if you’re an attorney or ‘person to be told’
- Make an objection if you’re not an attorney or ‘person to be told’ (appears to be a £365 fee associated with this)

As I've stated, Mum has advanced Alzheimers, therefore has lost the ability to fully understand. My father can get confused fairly easily. I'm the son. My brother has made these applications for LPA's. I don't know what 'person to be told' means, exactly.

Pollycat

Deisel_Weisel said:

Sorry, I've been busy.

Just to correct something first of all. As far as I know, the LPA's applied for are for my mother ONLY, not my father, as I previously stated. My mistake. My mother received two letters, for each LPA. My father too, for my mothers LPA applications. I received nothing, despite living at the same address.

So I'm looking to follow the correct procedure, downloading the right forms and returning. However, I'm wondering which course I take. I'm on this page: https://www.gov.uk/object-registration-power-attorney

There are various options:

- Object if you’re the donor
- Object if you’re an attorney or ‘person to be told’
- Make an objection if you’re not an attorney or ‘person to be told’ (appears to be a £365 fee associated with this)

As I've stated, Mum has advanced Alzheimers, therefore has lost the ability to fully understand. My father can get confused fairly easily. I'm the son. My brother has made these applications for LPA's. I don't know what 'person to be told' means, exactly.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/514409/LP3-Form-to-notify-people.pdf

RAS

You really haven't got a lot of time to object. Actually the quickest route is for dad to object as a person to be told. Obviously, you've not been named so can't take that option. 

Do you know yet who the certificate provider is? If not, get dad on the phone. I know he is deaf, but get him to "make the call", and ask them to speak to you as his carer/support. Make sure you are translating the information to dad during the call.

elsien

This seems to explain it more clearly.

https://www.theukrules.co.uk/rules/legal/courts/power-of-attorney/object-to-registration.html

Deisel_Weisel

RAS said:

You really haven't got a lot of time to object. Actually the quickest route is for dad to object as a person to be told. Obviously, you've not been named so can't take that option. 

Do you know yet who the certificate provider is? If not, get dad on the phone. I know he is deaf, but get him to "make the call", and ask them to speak to you as his carer/support. Make sure you are translating the information to dad during the call.

Yes I've left it late.

I've phoned about 20 times since 9am, always engaged.

Can you only return relevant forms via snail mail? I can see no email option. I guess the problem is signatures.

I think I will proceed today with option 2, 'Object if you’re an attorney or ‘person to be told’

Helping my father fill in everything, in the post tonight using a guaranteed delivered next day post.

I have an option of an email address that I acquired from Office of the Public Guardian, to put my 'not a person to be told' opinion, a letter of correspondence from Mums GP, that shows Mum was diagnosed with dementia back in 2014.

RAS

Just remember that even if someone has dementia, there may be times when they can be held to have capacity. So at some stage ASAP, you need to know:

Did mum sign the form?

Who is the certificate provider; has your father got a clue?

If brother had any conversation with social services about mum's capacity to sign. They can by the way be extremely easy to fool, depending on how your mother presents.

But someone might have capacity to decide what they want to wear, and not have capacity to manage their finances.

Best of luck/