Basic LPA questions 23 September 2022 at 5:04PM in Marriage, relationships & families 21 replies 756 views

rancid-a

Hello everyone.

I'm a bit stressed at the moment.

People are pushing me towards having an LPA made for my elderly Mother. It's not something I've gone through before and the costs involved worry me, I'm barely working full time and I have my own bills to pay without the added expense of fees (£82 for each type of LPA) and a solicitor (£100's?).

Is it wrong to ask Mum to pay for these LPAS. I can pay her back if need be, later, it's just a bad time at the moment. We don't really have many friends and relatives left, I'm her closest now, just a couple of grandkids that don't help out much.

Any advice from anyone about anything on this LPA for someone who hasn't done this before is greatly appreciated.

Thank you!

Brie

I think it's completely acceptable for your mom to pay for any costs as it's for her benefit instead of yours.  But why use a solicitor?  It should be all straight forward and simply done off the online forms.  Check to see if your mom is eligible for a discount due to her financial situation to as I believe that makes the admin fee half the price. 

you might want to think about what else you can do to assist in the meantime.  Getting third party authority on bank accounts is good unless she's happy to get you added as a joint account holder.  Also getting her to write and sign a generic authority letter so that you can deal with gas, electric, phone on her behalf.  

RAS

Mum needs to do the LPA and pay the fees. It's her health and well-being she's trying to protect. And it is a LOT cheaper and quicker than trying to get deputyship organised, which takes ages. Otherwise, the decisions on her care will probably be made by social services.

I'd suggest you go onto the website and pretend to set up your own LPA. That will give you a basic understanding of the forms and the questions it raises. 

Then have a basic chat with mum about what she might want to happen.

Do come back here as lots of people have had to do the forms. It does appear that completing the online form may lead to a quicker response from the OPG.

Even better of course if you can get here to come on here and ask herself.

KxMx

It is something very important and worthwhile to do. Current processing time is around 20 weeks. 

There are criteria for half price and free LPA's, might she qualify? 

https://www.gov.uk/government/publications/power-of-attorney-fees

You don't need a solicitor either, it's fairly straightforward to DIY.

rancid-a

You've all been very helpful, I will try to avoid the solicitor for now, although Mums, my own circle of friends are pretty much none existent at the moment. I just feel a little dirty asking Mum if she will pay for this. I will try to bring this up with her tomorrow when I visit the respite home.

I will have a practice with my own 'fake' version too just to take it all in.

I think I need to look at DWP appointments too? Mum is very nearly bedridden although she can think straight at the moment.

Thank you for the quick replies!

Ms_Chocaholic

The sooner you do it the better, if she loses capacity you're stumped.

It is pretty easy to do (I've done it) so do come back here if you have any questions at all.

elsien

Basic question - Regardless of whether anyone thinks a power-of-attorney is a good idea, does your mother actually want one? Because if she does, as it is for her benefit after all, then she should have no objection in paying for it.
What my mother found helpful was to have a copy of the blank forms, go through them a bit of a time, and that gave her the opportunity to properly think about what she wanted in there and what was important to her.

Keep_pedalling

rancid-a said:

You've all been very helpful, I will try to avoid the solicitor for now, although Mums, my own circle of friends are pretty much none existent at the moment. I just feel a little dirty asking Mum if she will pay for this. I will try to bring this up with her tomorrow when I visit the respite home.

I will have a practice with my own 'fake' version too just to take it all in.

I think I need to look at DWP appointments too? Mum is very nearly bedridden although she can think straight at the moment.

Thank you for the quick replies!

No need to feed dirty, this is for her benefit. When I put my mother’s financial LPA in place the fee was waved as she was on pension credit. We never put the welfare LPA in place as she was not keen on talking about things like end of life care, but I found I did not really need it, but the financial LPA was critical, which is why we have had ours in place for several years. Illness and accident can incapacitate anyone any time and once mental capacity is lost you have missed the boat. 

elsien

If she is happy for you to be her appointee for her pension, then that will be quicker than LPA, as a starting point. 

If mum does want an LPA then the person signing to say she understands doesn’t necessarily need to be a friend, just someone who’s known her long enough and can talk to her to confirm she knows what she’s doing. I signed my neighbour’s although most of our contact up till then had just been chats about plants and dogs over the garden fence. 

getmore4less

rancid-a said:

Hello everyone.

I'm a bit stressed at the moment.

People are pushing me towards having an LPA made for my elderly Mother. It's not something I've gone through before and the costs involved worry me, I'm barely working full time and I have my own bills to pay without the added expense of fees (£82 for each type of LPA) and a solicitor (£100's?).

Is it wrong to ask Mum to pay for these LPAS. I can pay her back if need be, later, it's just a bad time at the moment. We don't really have many friends and relatives left, I'm her closest now, just a couple of grandkids that don't help out much.

Any advice from anyone about anything on this LPA for someone who hasn't done this before is greatly appreciated.

Thank you!

Your mum should be driving the process you doing it is coercion and undue influence.

No one should accept being the certificate provider in these circumstances, they should check that mum fully understand what she is doing as the Doner

good idea the appointed attorney knows what they are doing  reading the practice guide is a good start.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/921428/Mental-capacity-act-code-of-practice.pdf

You need to explain to mum why her setting up LPA is a good thing and let her decide if and when she want to do it.


Do your own as well at the same time.

rancid-a

Lots of stuff to think about guys, thank you. I am visiting Mum this evening, I will try to explain an LPA is perhaps in her best interest, but is ultimately up to her.

Goodness me. I need another thread Mums respite home has sent me forms to fill in - they scare me. I have to sign to be a guarantor, saying I will be fully liable for any fees. Mums 4 week respite fees were fully funded by social services/council. Is it okay to hand these back unsigned? Can they force me? I'm sorry I've just hijacked my own thread!