GP won's sign PA14 form 7 October 2022 at 11:07AM in Deaths, funerals & probate 15 replies 1.5K views

henrygeorge123

Hi all, 

I'm pulling my hair out here and wondering if someone can point me in the right direction. 

My auntie died several weeks ago and my elderly mother is in a care home with dementia. She is the sole executor on the will.

The estate is very straightforward, no inheritance tax die, no property. I am the sole beneficiary (just me and mum left).

I have asked if I can apply for probate on mum's behalf, as I also have lasting power of attorney over mum's financial affairs. According to the probate form, I need to get mum's GP to fill in PA14 form to state she lacks capacity to act as an executor. 

The GP is simply refusing to fill this in due to "GMS guidelines" with no other reason given. This is baffling to me. 

I have been advised to find a private assessor to complete this form, but they're charging upwards of £500 for the privilege.

Has anyone else been in this situation? Is there a cheaper option? Or can I take it further with the GP?

Regards,

G.

henrygeorge123

Title should be "won't"

poppystar

If there is no property, do you actually need probate?

henrygeorge123

poppystar said:

If there is no property, do you actually need probate?

Hi, she has a decent amount of savings and some banks do require it over a certain amount.

Keep_pedalling

Apparently this is not an unusual occurrence with GPs if you don’t also have an LPA in place for welfare. Does the care home employ any medical professionals who could sign it?

Marcon

henrygeorge123 said:

Hi all, 

I'm pulling my hair out here and wondering if someone can point me in the right direction. 

My auntie died several weeks ago and my elderly mother is in a care home with dementia. She is the sole executor on the will.

The estate is very straightforward, no inheritance tax die, no property. I am the sole beneficiary (just me and mum left).

I have asked if I can apply for probate on mum's behalf, as I also have lasting power of attorney over mum's financial affairs. According to the probate form, I need to get mum's GP to fill in PA14 form to state she lacks capacity to act as an executor. 

The GP is simply refusing to fill this in due to "GMS guidelines" with no other reason given. This is baffling to me. 

I have been advised to find a private assessor to complete this form, but they're charging upwards of £500 for the privilege.

Has anyone else been in this situation? Is there a cheaper option? Or can I take it further with the GP?

Regards,

G.

Your mother's GP is presumably fairly well known to the home where your mother now lives. Have you spoken to the home about this refusal? It can't be the first time they've encountered this situation.

The guidelines are pretty clear on assessing capacity: https://www.gmc-uk.org/ethical-guidance/ethical-guidance-for-doctors/decision-making-and-consent/circumstances-that-affect-the-decision-making-process-continued-2#if-your-patient-may-lack-capacity-to-make-the-decision

It might be worth asking why the GP is not prepared to sign, based on these guidelines and in particular sections 82 to 84 (which makes it clear you too have had a look at them, but I wouldn't try to go any further than that, or professional toes might feel they are being trampled on....and you're trying to get cooperation), because you as a lay person...etc.

henrygeorge123

I have LPOA for both welfare and financial for my mum. The care home has visits from a nurse from the surgery. What's even more baffling is that they did perform an assessment the other week and found her to lack capacity. So why won't the GP sign it? It's come from one of the senior GPs. 

tooldle

Do you have a dementia diagnosis letter? Might that suffice if it mentions lacking capacity?
Edited to add, would an independent assessor be a possibility? From the GP perspective, perhaps capacity to execute a will is not seen as a medical responsibility for primary care

theoretica

Or you could apply to administer the will on the grounds the executor is doing nothing - you would need to weigh up the relative cost and hassle of the two routes.

sheramber

I found this article regarding GP's not completing the form due to their workload.

https://www.thorntonlee.co.uk/capacity-to-act-as-an-executor/#:~:text=Historically the PA14 could only,of property and financial affairs

I believe this started a few years ago  with other forms as well- passports, POAs.

They are not an NHS form so they are not  required to do it.


The form requires a medical person, so it does not have to be a  GP.

The article advises that they  use a social worker so maybe the care home could help you.  they may have come across the situation before.

Vegastare

Is there a chief nurse or matron in the nursing home....if they have cared/nursed your month for over 6 months would they be able to do the form.  My late Mum had made certain provisions it was a six month process that checked if she fully understood her previously stated wishes.