Registering LPA for finance

bjbyorkshire

Hello, I have completed 2 Lasting Power of attorney’s for husband and myself.  I only feel the need for the finance one but others may have different ideas on that subject which I would welcome.

if we along with the attorneys/certificate provider have signed and dated the LPA in each section with the date that the LPA’s were completed, ie.: 19/01/2022 but then we don’t register them for a couple of years or more will they still be valid to register at a later date? 

Thanks for the help.  

Keep_pedalling

The danger in leaving registration to later is that if it is done after you loose capacity there is a possibility that an error could make the application invalid. Better to find out before it is too late to make a new application.

bjbyorkshire

What are your thoughts re not making a health and welfare LPA.  I think that the hospital or medical people would be the best people to make a decision on health matters.  I can’t see my husband or son, who are my executors, being clued up re what would be the best option medically.  They would just say to the doctors,”what do you think the best option would be?”

nanapop1977

bjbyorkshire - I hear what you're saying about medical decisions, but consider the "welfare" aspect too. Would you want to be looked after in a care home for example? Or prefer carers to come yo your home? Don't forget the Health and Welfare LPA cannot come into effect unless you lose mental capacity and so in the event of you needing 24hr care because you have dementia for example, which option would be your preference? Far better to think it through and formally record your wishes now, than your attorneys having to make those choices for you, in my opinion.
I hear LPAs are taking up to 6 months to be registered with OPG, so be prepared for a long wait whatever you decide to do!

Pennylane

I am so glad we also did the Health and Welfare part for my Mum. It was invaluable.  As soon as you say you have POA they look at you in a different light.  Mum was in 2 hospitals and two care homes and I was able to ensure her wishes were met.  It was also useful for social services and her GP who otherwise would not have discussed things with me.

I would also say do it now and you don’t have to worry about it again. 

elsien

bjbyorkshire said:

What are your thoughts re not making a health and welfare LPA.  I think that the hospital or medical people would be the best people to make a decision on health matters.  I can’t see my husband or son, who are my executors, being clued up re what would be the best option medically.  They would just say to the doctors,”what do you think the best option would be?”

What about where you want to live? Who is allowed to visit you? Etc. 

It’s also not just about what’s medically possible, it’s about your preferences in terms of active treatment vs comfort. The doctors can say what is possible. Your family will know what you might have wanted if you were making your own decisions. 

BooJewels

As an attorney for 3 elderly family members, I have needed to use them for two of the donors (one extensively, one occasionally) and not yet for the third.  

Unfortunately, the need to use an LPA often occurs when either an emergency or crisis occurs and they're needed immediately.  On one occasion, we stood in A&E Resus showing a scanned pdf of the health one to the doctor on our phones, along with ID.  Because a life saving decision needed to be made - it was an emotional one, not a medical one - more 'should we' than 'can we'.  A bit late for wishing that you'd posted it off in time really.  Having it in place from that point forwards changes the way medical and care staff deal with you - if only they keep you better informed, because they know that ultimately any decisions might come down to you, not the donor.  I'll be doing one for myself shortly - both at the same time.

You don't have to use LPAs once you have them (I think some people think they relinquish all control to the attorney as soon as they're done) and most people hope that they never do, but you can't if you haven't got it in place and the 20+ weeks they're currently taking to register is going to prove a very long time if you need to avail yourself of it in an emergency.  

bjbyorkshire

Thanks for the comments, I will send the Finance LPA’s off asap and decide soon whether to do the Health ones. I do appreciate all the input from the posters.

many thanks

Pennylane

bjbyorkshire said:

Thanks for the comments, I will send the Finance LPA’s off asap and decide soon whether to do the Health ones. I do appreciate all the input from the posters.

many thanks

For the small amount it costs It really is worth doing now.  I felt my mother’s health and welfare was equally important as Finance & Property.