LPA - Father signature issues

Brie

lr1277 said:

It is not just banks, but pension providers, DWP, utilities, councils and basically any organisation with which your dad has an account. Some organisations are more amenable to changing the contact person/details, but others require official paperwork. You will have to deal with it on a case by case basis.

I work with clients helping them deal with all the different organisations and we get them to sign a blanket "letter of authority".  This works with the vast majority.  Just something simple that says "Please take this as my authority that X & Y can deal with all matters related to my account with you."  And then it's signed, his name, address and dated.  

lr1277

Thanks @Brie

Didn't know that at the time.

Do you photocopy this original? Assuming you send a photocopy, is it acceptable? Or have there been instances where the photocopy has been rejected?

35har1old

Mr_Mister said:

Hi
My elderly father is starting to lose his memory so I have been trying to set up a financial LPA but he is struggling to sign his own signature. He can sign but he is signing in uppercase rather than lowercase as per his original signature. We have tried to show him copies of his originally signature but he is struggling to copy/remember and is signing in his own different way. 
So my question is, will the LPA be accepted with the signature he can sign now or does it need to be his original signature?
As most things financially is in joint names with my mentally sound mother (property, bank accounts etc), is having one LPA for my mother sufficient to cover most eventualities if my father cannot sign his own LPA? 
Thanks 

It might be already to late to apply for LPA
See Gov uk

EnPointe

35har1old said:

Mr_Mister said:

Hi
My elderly father is starting to lose his memory so I have been trying to set up a financial LPA but he is struggling to sign his own signature. He can sign but he is signing in uppercase rather than lowercase as per his original signature. We have tried to show him copies of his originally signature but he is struggling to copy/remember and is signing in his own different way. 
So my question is, will the LPA be accepted with the signature he can sign now or does it need to be his original signature?
As most things financially is in joint names with my mentally sound mother (property, bank accounts etc), is having one LPA for my mother sufficient to cover most eventualities if my father cannot sign his own LPA? 
Thanks 

It might be already to late to apply for LPA
See Gov uk

this is one of the cases where a Solicitor, IMCa and perhaps  even the GP need to be involved , but  yes there does seem to be grounds to question the mental capacity of the OP's father

Savvy_Sue

Dad may not remember things, but that doesn't mean he doesn't have capacity for the LPA. When you're involving the Certificate Provider, think about when Dad is at his best and arrange to get the signing done then.

He may not remember what he's done or understand it afterwards. Doesn't matter as long as he understood what he was doing when he signed.

Flugelhorn

Savvy_Sue said:

Dad may not remember things, but that doesn't mean he doesn't have capacity for the LPA. When you're involving the Certificate Provider, think about when Dad is at his best and arrange to get the signing done then.

He may not remember what he's done or understand it afterwards. Doesn't matter as long as he understood what he was doing when he signed.

and that is the purpose of the certificate provider - they have to know that they discussed it with him and he understood at the time

Brie

lr1277 said:

Thanks @Brie

Didn't know that at the time.

Do you photocopy this original? Assuming you send a photocopy, is it acceptable? Or have there been instances where the photocopy has been rejected?

We scan a copy which we then either reprint (so like a photocopy) to post or send as an attachment by email.  A very few organisations want their own version or may want something within a certain time frame - so might only accept validity for 3 to 6 months.  Others once it's logged you're good for years.  

As for dad having the mental capacity....we went through this getting mom into sheltered housing where they needed to know she knew why she was moving there and that she could look after herself (at least initially).  We ensured that the meeting was early in the day - just before lunch worked fine.  Some people developing dementia or otherwise losing capacity do better when they are fresher with the day and then later they begin to "sundown", i.e. fade with the day.  So good timing of any meeting with any officials might be helpful.

Mr_Mister

EnPointe said:

35har1old said:

Mr_Mister said:

Hi
My elderly father is starting to lose his memory so I have been trying to set up a financial LPA but he is struggling to sign his own signature. He can sign but he is signing in uppercase rather than lowercase as per his original signature. We have tried to show him copies of his originally signature but he is struggling to copy/remember and is signing in his own different way. 
So my question is, will the LPA be accepted with the signature he can sign now or does it need to be his original signature?
As most things financially is in joint names with my mentally sound mother (property, bank accounts etc), is having one LPA for my mother sufficient to cover most eventualities if my father cannot sign his own LPA? 
Thanks 

It might be already to late to apply for LPA
See Gov uk

this is one of the cases where a Solicitor, IMCa and perhaps  even the GP need to be involved , but  yes there does seem to be grounds to question the mental capacity of the OP's father

He has mental capacity to understand what he is signing e.g Cheques and letters but having issues remember certain things like names or people and obviously his original signature 

elsien

Signing general  authorities only works while the person has capacity. It should no longer be used after that because the person then doesn’t have the understanding to monitor it or to know thar they still have the power to revoke it. 

It doesn’t necessarily matter that your dad’s signature has changed, or that he doesn’t always remember names. 

Effectively, he needs to know what a power-of-attorney is, what the implications of not making one would be, and how to decide who he wants to act for him.
Some guidance in here that you might find helpful.
https://www.michelmores.com/family-insight/clarity-capacity-create-lpa/

it would be worth getting it done more formally, even though it will cost more. If you think there is a possibility it could be challenged in the future. For example, by a family member, who was miffed that they were not chosen to act.