Power of attorney

Sterlingtimes

Brie said:

Hope your mom begins to feel a bit more like herself and things are less problematic.  I do also hope that you have discussed things about what she wants to have happening going forward, we're working our way through DNRs, living wills, residential care vs in home carers with both my MiL and my mom.  It's a lot of hard work.

Thank you, Brie. I think that you are a little ahead of me. Yes, it is a lot of hard work: almost full-time for me in getting everything set up. I also came across ReSPECT yesterday, which stands for Recommended Summary Plan for Emergency Care and Treatment. My mother has requested not to receive CPR or other aggressive interventions. My mother has a living will and has arranged to donate her body to Birmingham medical school if they want her. 

I have recruited home carers for two thirty-minute daily sessions for £18 a session and £20 a session at weekends. The GP does not believe that my mother has dementia but rather that she has been shocked by the operation and subdued the use of a drug called "gabapentin", which must be stopped immediately.

I preferred to sidestep the solicitor who is always drumming up business and to go straight to the Public Guardian. My mother can sign checks for now.

I wish you well with your ongoing work.

Sterlingtimes

Dansmam said:

Apologies for hijacking but just hoping  to shortcut to an answer if anyone can tell me how long it currently takes to register. I have the old style LPA for my aunt and will soon need to cash in some investments to cover care home costs. Court cashed the cheque for the application but I've heard nothing else

I think that the process takes about a month at the moment. Each 'phone operator complains about over-work. When I worked in the private sector, we always celebrated new contracts, and a heavy workload for therein rested our security. The public sector employees appear to be embittered about work.

jbuchanangb

In the case of a Lasting Power of Attorney, the Donor does not have to have lost mental capacity for the Attorney to act. The Donor may instruct the Attorney to carry out financial transactions on their behalf. Of course the LPA has to have been registered at all the relevant financial institutions. I just hope that the Attorneys have been appointed "jointly and severally" such that any one of them can act on behalf of the Donor, and not as in case of my father's LPA, "jointly" which means both/all the Attorneys have to sign for every transaction, which rules out any sort of online or telephone banking arrangements.

blue.peter

Dansmam said:

Apologies for hijacking but just hoping  to shortcut to an answer if anyone can tell me how long it currently takes to register. I have the old style LPA for my aunt and will soon need to cash in some investments to cover care home costs. Court cashed the cheque for the application but I've heard nothing else

It says here (bottom of the page) that registration takes between 8 and 10 week. However, we seem to have been a bit lucky. I posted my mother's Enduring Power of Attorney and associated paperwork to the OPG for registration on 1 December 2021. The letter from them confirming that they had registered it was dated 15 January 2022.

blue.peter

jbuchanangb said:

In the case of a Lasting Power of Attorney, the Donor does not have to have lost mental capacity for the Attorney to act.

This is not always true. It depends on what the LPA says. It can be used while the donor still has mental capacity if it says this or the donor can state that they only want it to come into force if they lose capacity.

Dansmam

OP thanks for tolerating me and thank you everyone for comments on timescale and operation of LPA. All super helpful. I'll duck back out now!

Sterlingtimes

Dansmam said:

OP thanks for tolerating me and thank you everyone for comments on timescale and operation of LPA. All super helpful. I'll duck back out now!

I hope that you receive all of the prompt help that you need.

Sterlingtimes

I received the office copy today from the Public Guardian after about a week from the application. This was very efficient in the end.

Primrose

Can anybody advise please whether older LPA,s registered with the Office of aoublix a guardian can be registered with banks and other institutions by using a download code, and if so, point me to a reference where it's mentioned?  I thought I had read something about this but can't find any  official reference.  Thanks 

eskbanker

Primrose said:

Can anybody advise please whether older LPA,s registered with the Office of aoublix a guardian can be registered with banks and other institutions by using a download code, and if so, point me to a reference where it's mentioned?  I thought I had read something about this but can't find any  official reference.  Thanks 

https://www.gov.uk/use-lasting-power-of-attorney says the cutoff is 2016:

If the LPA was registered on or after 17 July 2020, your activation key is in the letter you got telling you the LPA had been registered.

If the LPA was registered on or after 1 January 2016, you can use this service to ask for a new or replacement activation key. You’ll need the LPA reference number.

If the LPA was registered before 1 January 2016, you’ll need to show the paper LPA to people or organisations instead.