Basic LPA questions

elsien

No you don’t need to sign. If anything, while mum has capacity then they should be asking her, not you. 

There is no obligation on you to agree to pay anything on her behalf. Point them back at the local authority. And get onto whoever arranged it, on Monday to clarify. 

I was asked to sign a similar form for a client which is absolutely nothing to do with me - the social worker told them to ask me which I was seriously unimpressed by. No one signed, because he couldn’t. He’s still there, being paid for by the local authority. Sometimes they have forms they just want someone to  sign, and don’t particularly care who. 

elsien

Ref the LPA. Some people say no because they fear loss of control. 

Reassure her that while she has capacity you cannot override her wishes or do anything without her consent and she can cancel it at any time while she is still well enough to do so. She can choose what you do for her, if anything, ref finances. 

It is a lot quicker and a lot cheaper than waiting till she loses capacity (if she ever does, which she may not) because without it you cannot access any of her bank accounts, or speak to landlord, utility providers etc on her behalf. If she does ever need a deputyship then it will take months during which time no one can do anything so she may be accruing bills and debt, or paying direct debits that she no longer needs but can’t cancel.

For health and welfare, it only kicks in if she becomes unable to make her own decisions and it will mean you make those decisions on her behalf around medical treatment, where she lives six rather than the professionals. 

Those are the benefits. But some people just don’t want to go there and you can’t force them to. 

Keep_pedalling

getmore4less said:

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.

I certainly could not have left my mother to drive the process, it would never have happened and I would have been left in a terrible position with her finances as her dementia progresses. I had to gently explain why it needed to be done and and did all the paperwork. The CP was someone in the village my mum used to do some housework for, and also happened to be a GP, so knew full well this was persuasion not coercion. 

getmore4less

rancid-a said:

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!

Who engaged/contract with the home.  

rancid-a

Hello all.
Chat went okay with Mum, there's just a little doubt on my part, does she really want me to do this, do I need to ask again.

I've been looking over the online form for LPA. I really can't think of anyone to be a certificate provider right now (apart from a solicitor, the same one who did her Will I guess would be best), I don't think I can print this yet without confirming the missing parts. I've also downloaded a version of the Finance LPA, I'm going over to see Mum this afternoon, I guess it's best to use ythis form as a practice run to see what details she wants adding.

@getmore4less, It was the council that got Mum the place in the care home. I did notice, after that scare, that Mum could actually sign the form, and I would sign as a witness.

elsien

If you're not sure then check again - you've suggested it, but she's not yet had chance to think about anything she either wants to go in or anything she wants to exclude. You've had time to look at the forms and think about it. She hasn't and she may have more questions before she makes any decisions. 
No friends, no other relatives, no-one she's in touch with in any way? 

Keep_pedalling

rancid-a said:

Hello all.
Chat went okay with Mum, there's just a little doubt on my part, does she really want me to do this, do I need to ask again.

I've been looking over the online form for LPA. I really can't think of anyone to be a certificate provider right now (apart from a solicitor, the same one who did her Will I guess would be best), I don't think I can print this yet without confirming the missing parts. I've also downloaded a version of the Finance LPA, I'm going over to see Mum this afternoon, I guess it's best to use ythis form as a practice run to see what details she wants adding.

@getmore4less, It was the council that got Mum the place in the care home. I did notice, after that scare, that Mum could actually sign the form, and I would sign as a witness.

It sounds like your chat was with regard to heath and welfare, so I would move on from that to talk about finance. From my experience with my own mother finance is the critical one. We never had H&W in place but I had. No issues in dealing with social workers, heath workers or her care home as far as discussing heath subjects including end of life care.

For finance issues you won’t be able to do a thing without a LPA in place.

getmore4less

rancid-a said:

Hello all.
.....

@getmore4less, It was the council that got Mum the place in the care home. I did notice, after that scare, that Mum could actually sign the form, and I would sign as a witness.

The council should cover the costs, anything not covered should be notified for approval before the expense is incurred.

Don't see any reason to guarantee anything, I would push back and ask what they think may need covering before writing the equivalent of a blank cheque.

getmore4less

Keep_pedalling said:

rancid-a said:

Hello all.
Chat went okay with Mum, there's just a little doubt on my part, does she really want me to do this, do I need to ask again.

I've been looking over the online form for LPA. I really can't think of anyone to be a certificate provider right now (apart from a solicitor, the same one who did her Will I guess would be best), I don't think I can print this yet without confirming the missing parts. I've also downloaded a version of the Finance LPA, I'm going over to see Mum this afternoon, I guess it's best to use ythis form as a practice run to see what details she wants adding.

@getmore4less, It was the council that got Mum the place in the care home. I did notice, after that scare, that Mum could actually sign the form, and I would sign as a witness.

It sounds like your chat was with regard to heath and welfare, so I would move on from that to talk about finance. From my experience with my own mother finance is the critical one. We never had H&W in place but I had. No issues in dealing with social workers, heath workers or her care home as far as discussing heath subjects including end of life care.

For finance issues you won’t be able to do a thing without a LPA in place.

The practice guide is worth a read as it covers the place relatives and LPA have regarding health and welfare.

ChocolateBunny

Hi rancid-a have you looked to see if your mother qualifies for a fee exemption or reduction?  If she receives certain benefits she may be able to get her LPA’s for free.  Check the information on the UK Gov site.