Lasting power of attorney issue

catlover32

Hi- I wonder if anyone can help with this? I have lasting power of attorney for my dad who has recently lost capacity due to ill health and unsure if he will regain this. I have registered this with first direct bank and now have access and can manage his finances. 

If I was unable to do this any longer however due to my own health issues, what would happen? What steps could I take to ensure my someone suitable could manage my dads finances if I was unable? There are no other close family members so I was wondering who I would notify if I could no longer do this?
many thanks. 

Keep_pedalling

Someone would need to obtain deputyship and if no family members were able to do so the local authority would have to step in. 

The other related question is who manages your finances in this situation? Do you have a partner, spouse or adult children? 

elsien

Just to check, there isn’t a replacement attorney down on the LPA?
In my area, local authority don’t do deputyships at all. They provide a commissioned appointees service via age UK, but any deputyships have to go through a solicitor. If that was the case, it would be easier to find a solicitor yourself to take on the role, although obviously there is a cost to that which would come out of your dad’s money.

RnK136

elsien said:

Just to check, there isn’t a replacement attorney down on the LPA?
In my area, local authority don’t do deputyships at all. They provide a commissioned appointees service via age UK, but any deputyships have to go through a solicitor. If that was the case, it would be easier to find a solicitor yourself to take on the role, although obviously there is a cost to that which would come out of your dad’s money.

@elsien could I just ask about your comment within this response above.. "In my area, local authority don’t do deputyships at all. They provide a commissioned appointees service via age UK, but any deputyships have to go through a solicitor."

What do you mean your LA don't do deputyships?

What is a commissioned appointee service via Age UK please? How is that done?

Deputyships must go through a solicitor? You cannot apply yourself to do this?

Thanks!

elsien

You can apply yourself. Never done it, so I don’t know how easy or difficult the process is. But you were looking at deputyship when you’re no longer able to carry out the LPA if your dad remains unwell so that doesn’t help you. Nothing to stop you approaching a relevant solicitor directly though, as and when the need arises

When the local authority refer, obviously they have to be careful about conflict of interest, and also have neither the time nor the resources to do that themselves hence the solicitor. The differences is the solicitor is there as the deputy permanently, whereas if you wanted to be a deputy, then you might use a solicitor to help with the paperwork, but then their  role would end.

My other comment was in response to someone saying that the local authority would take on deputyship, if you were not able to. 

That may happen in some areas, but not in mine.
Where I work the local authority has contracted out the appointee service for people who don’t have friends or family able  (or where they don’t want a family member) to act for them) to Age UK. It needs a social work referral to access it - this generally happens through Care Act processes and the social worker will complete the capacity assessment. 

There are other paid appointee services which the person can contact directly if they wish. 

If the person needs a deputyship then Age UK would then contact a solicitor to start the process off. I think that may now be changing because I know in some circumstances, the social worker is starting the process but it still goes to a non-local authority solicitor to act as deputy. There is a panel of approved solicitors who are able to do this.

https://www.gov.uk/guidance/panel-deputies-list-of-court-approved-professionals#:~:text=Some%20professional%20deputies%20are%20called,make%20decisions%20about%20their%20finances.

I hope that’s clearer.