Lasting Power of Attorney - what actually happens when it is revoked? Is it confirmed by the OPG?

missnosey122

BooJewels said:

I think maybe you misunderstand the situation - words like 'ill-advised' and 'recourse' are way too strong for the situation.  The current arrangement is just not ideal, but perfectly workable.  In fact, I'd be happy to lay a wager that I'd do a better job and be more trustworthy than the person the donor now feels she'd prefer as her attorney - but perhaps not enough to actually put him in place.  

If nothing else, I made a promise to my dying husband that I'd look out for her and do my best for her and no force on earth will make me break that promise, despite any personal discomfort it causes me.

I'm not saying you should take any  action against the solicitor, just saying its the craziness of ignoring you when you having a current LPA.

BooJewels

I don't have the LPA - I'm one of the registered Attorneys - so I'm not actually the client of the practice, the Donor is.

So, strictly speaking, they're within their rights not to speak to me, but I think they could perhaps have been a little more helpful without any compromise to the confidentiality of their client.  

Savvy_Sue

Just a question, but how would you be able to prove that you are one of the Attorneys if you do not have the LPA? WOULD you be able to prove your attorneyship?

BooJewels

When I said I don't have it - I was just clarifying to missnosey that I'm the attorney, not the donor, it's not my LPA.

As it happens, I don't have a physical copy of the LPA in question, but I know where her certified copy is and have relevant keys.  I've never had a physical copy before actually needing to use it.  I do have the other one where I'm an Attorney, as I have already used it.  If I need to use this one, I'll have to retrieve it, same as I have previously.

Malthusian

Which is all going to give rise to a difficult conversation, I was hoping to avoid.  I could of course disclaim myself, but that would be to suit me really, but perhaps not be in the best interests of the Donor.  Better to have one slightly less than ideal Attorney, than none.

Not for the Attorney it isn't, when you believe the donor doesn't want you as Attorney (although for whatever reason they haven't revoked) and their family don't want you as attorney either. Attorneys are people too.

If you renounce your attorneyship, the family members will have to apply for deputyship to the Court of Protection when/if the time comes. If none of them want to do the job then the Court of Protection and social services take over. That's not ideal, but nor is having an attorney in potential conflict with the closer family members. It may even be the lesser of two evils.

Personally I would not consider acting as attorney in this situation. The wishes of the donor trump the wishes of my dying spouse, even if they weren't put into legal effect, and from your posts in this thread it sounds clear that the donor does not wish you to be their attorney and still knows their own mind.

If they haven't bothered to make a new LPOA there's no reason that should be your problem, same as if they'd never made an LPOA in the first place.

BooJewels

@Malthusian - you've pretty much outlined why it is such a tricky situation to be in - and one I thought I'd resolved - and why it is causing me much distress in knowing what the best thing to do is.

I was just writing a reply, addressing your points, but the donor herself just rang me and I decided to address this matter whilst it was at the front of my mind.  Not an easy conversation for either of us.  She's now totally confused, doesn't seem to know what an LPA is, but thought she'd done everything when she went to the solicitors in September and now doesn't know what to do about it.  She's going to ring the solicitor and find out what was done after that consultation and I've asked her to think about how she wants things handled in future. 

My current thinking is, if she doesn't understand an LPA and can't see the value in it, then perhaps it's a burden she's best off without.  Even though I think anyone should have them in place and the consequences of not having anything in place might be worse.  Ultimately, it has to be her decision and I've told her that I'll support her in whatever that is.

Savvy_Sue

BooJewels said:

@Malthusian - you've pretty much outlined why it is such a tricky situation to be in - and one I thought I'd resolved - and why it is causing me much distress in knowing what the best thing to do is.

I was just writing a reply, addressing your points, but the donor herself just rang me and I decided to address this matter whilst it was at the front of my mind.  Not an easy conversation for either of us.  She's now totally confused, doesn't seem to know what an LPA is, but thought she'd done everything when she went to the solicitors in September and now doesn't know what to do about it.  She's going to ring the solicitor and find out what was done after that consultation and I've asked her to think about how she wants things handled in future. 

My current thinking is, if she doesn't understand an LPA and can't see the value in it, then perhaps it's a burden she's best off without.  Even though I think anyone should have them in place and the consequences of not having anything in place might be worse.  Ultimately, it has to be her decision and I've told her that I'll support her in whatever that is.

It sounds as if, while she may have had capacity when she saw the solicitor, she doesn't necessarily have it all the time now. And that is an even trickier position to be in ... 

But well done for tackling it head on. I hope some resolution is found. 

BooJewels

I think we've made progress this afternoon @Savvy_Sue - despite the distress it has caused both of us.  I can't get to the bottom of why it wasn't done in September when we both thought that it had been.  But she has a new appointment with her solicitor to set up a new one with the new Attorneys and I'll apparently remain in place until that one is registered.  I don't think it's so much that she doesn't want me to do it, but that she feels it's the duty of 'family' (she uses that word to mean blood - marriage doesn't make you family) to take on such responsibilities.  I think she thinks she's doing me a favour by relinquishing me of it.

I don't think her capacity has really changed, she's simply never quite got the whole LPA concept - we struggled explaining it to her in 2017 when the first one was set up.  

What I'm cross about is her solicitor.  At the donor's request - 'in case I get muddled in the meeting' - I sent her an advance email (actually addressed to her predecessor, who I didn't know had very recently left), three days before her appointment and I made it clear that I wasn't issuing any instruction, that was an entirely private matter with her client, but I wanted to give her some background to ensure that she was fore-warned to ask the right questions and ensure that everything was covered.   It seems that she was so quick to dismiss that message (I only take instruction from my client) that she ended up doing her client quite a disservice, which has caused distress and difficulties that it didn't need to have done.  After all, I was and still am, her Attorney, you'd think that would allow a little leeway when it was only in the best interests of her client and sent on her behalf in an effort to ensure that her needs were fully met.  

I'll never know quite what went on - the donor claims today that she authorised the solicitor to talk to me, as she had mentioned getting a message from me - but who knows!