GP won's sign PA14 form

5 Posts

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