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

Pennylane

Who witnessed the forms?

There is a section about people who need to be informed but it does not have to be completed if the person involved decides it’s not necessary.  

Just wondering whether you should contact Adult Safeguarding at the council.

Deisel_Weisel

Thanks for everyone's input. I'm just focusing on getting these forms filled in and in the post, right now.

But just one thing, it states: 'You must object within 3 weeks of being told about the registration.'

These letters were dated the 7th of July. However, we didn't receive them until a few days later. What might the deadline be?

RAS

If they were posted first class, two days after posting is the usual expectation.

Deisel_Weisel

Thanks RAS.

One form is asking: 'Name of the donor of the LPA (this is the person who made the LPA)' 

Would this be my mother or brother?

RAS

Your mother is the donor, your brother wants to be attorney. Have you any idea who witnessed the signature and who the certificate provider is?

Deisel_Weisel

RAS said:

<snip> Have you any idea who witnessed the signature and who the certificate provider is?

A certificate to verify Mum is of sufficient understanding?

As I said, I’m not aware of any signing, and have little idea who might have witnessed such a signing. We had two visits from Social Services: June 22nd and July 12th. On the June visit there was a slight opportunity, when I was out of the room, but I consider that unlikely. The second visit, there definitely was a bigger opportunity, when I was absent from the main meeting room for 5-10 mins. However, the letters Mum and Dad received were dated 7th July, which kind of rules out the second meeting.

Should I try emailing/calling the OPG to find out about who and when? Am I entitled to that info?

Deisel_Weisel

Okay, having read what RAS said about the deadline, I decided to risk an extra 24hrs, to get things done properly. So I have until 5pm tonight to get these catching a priority post.

This is as far as I’m at (things progress slowly when you’ve got mum and dad to look after 24/7)

I went the ‘Object if you’re an attorney or ‘person to be told’ route.

As requested, Dad, with help from me, filled in the notification form LPA008. To be sent to the Office of the Public Guardian.

Also filled in form COP7, to be sent to the Court of Protection. The COP7 PDF can be viewed from here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/687969/cop7-eng.pdf

Under section 2.5 there are 4 options to ‘indicate your grounds for objecting to the proposed registration. I ticked 3 of those 4:

1/ ‘The power purported to be created by the instrument* is not valid. (e.g. the donor did not have capacity to make an LPA).

3/ Fraud or undue pressure was used to induce the donor to make the power.

4/ The attorney proposes to behave in a way that would contravene his authority or would not be in the donors best interests.

Now I ticked 4/ because, I believe the appointment of my brother as LAP would not be in Mum’s best interest. I thought this might be my opportunity to back this up with an account of his behaviour in the house, these past 18 months. To highlight his lack of care and indifference towards my mother/parents.  Without spending

Is this my opportunity to do this, or should I go the £365 route I previously mentioned, for a ‘non-informed’ person?

In relation to my evidence, I want to give, there is the following, under section 2.6:

‘Any evidence in support of your application must be filed with this application form. If you are attaching any written evidence, please use the COP24 witness statement form.

COP24 pdf can be viewed here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/958052/cop24-eng.pdf

elsien

With regards to 4, don’t  forget that this is your dad challenging it, not you. When they ask him, it’s his view that will be given, not yours. And if you’re not careful it will look as if you are putting pressure on him to give your views not his own.

And it risks looking like sour grapes that he’s been appointed and you haven’t. Your relationship and your perception of his lack of care are a family dispute, not evidence. 

If you feel you need to add your own concerns then do it independently and pay the fee. 

RAS

Agree with elsien.

You need  to keep yourself  out of dad's complaint. If you want to complain, you have to pay the fee.

Deisel_Weisel

Okay thanks.

Can someone please check I’m proceeding with the correct forms for my separate objection?

I’m told from here https://www.gov.uk/object-registration-power-attorney to make an objection, if you’re not an attorney or ‘person to be told’, to start with form COP1, here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/954477/cop1-eng.pdf

From COP1 I’m guessing I need these forms filled in total:

COP1 (two copies sent)

COP1F / COP1F Annex F (I don’t know if there’s a difference between these two)

COP24 (witness statement)

Is this correct?

Baring in mind I saw the applications for the first time on July 11th, I might just have until Monday to get these returned.