LPA information

smarttart

I'm hoping someone can give me some advice. My Uncle and Aunt are in a rest home, my Aunt has alzheimers, my uncle did not. Unfortunately my uncle passed away recently but when he went into the rest home he gave his LPA to a firm to manage but did not give them permission for me and my sister to discuss anything with the company. I think this may have been because he did not consider us "blood" relatives (my Aunt and Dad are brother and sister). Me, my sister and another cousin are my Aunts next of kin as my Dad is no longer with us.

I spoke to a couple of the ladies from the LPA company at my Uncles funeral to ensure my Aunt would be ok now my Uncle has passed to be told she would be looked after but they also said that they were applying through the courts for LPA for my Aunt. I don't have a problem with that but I don't want to end up in the same situation as I was with my Uncle where the management company won't discuss anything with us. As we are next of kin does that give us any rights to access information from the LPA company ? They didn't even bother to ring me to tell me when our Uncles funeral was I had to ring the Crem to find out and anytime I did ring up and ask for someone to call me back their case worker was out of the office and never called back.
A friend of mine said she thought but wasn't sure, that my sister and I could apply for joint LPA with the management company. Does anyone know if this is true or would we or even could we apply for sole LPA through the courts ?  I don't really want to do the full LPA thing I just want to be kept informed of things.

Flugelhorn

Di your aunt complete an LPA? If so presume they are registering it now. It will have been completed when it was her decision as to who should handle her affairs 

If she didn't do LPA then You would have to apply through the court of protection and I think you have as much right to do this as   the company 

https://www.gov.uk/become-deputy

p00hsticks

If your aunt has lost mental capacity then they won't be able to apply for an LPA as she can't authorise it - they'd have to apply to become deputies. 

I'm not sure of the process for that, but assuming that it is similar to that of the LPA then, with the agreement of the management company,  you could apply with them, to take decisions either 'jointly' (where you would both need to agree) or 'jointly or severally' (where either of you could unilaterally make a decision  alongside the management company. 

As you are blood relatives and 'next of kin', this may now be enough to ensure that the company engages with you more fully in discussions about your aunt, although in my experience without you being named officially as a deputy  they may not be willing or able to discuss certain topics or share things like medical records, due to data protection. (my mothers doctors surgery would discuss anything with me until after they had sight of my PoA for her). 

You don't mention whether you live locally, visit there or otherwise keep in touch with the care home ? In my experience staff in hospitals and care homes are usually quite happy to share in general terms how a relative is doing if you ask in person or on the phone. 

Keep_pedalling

What they would be applying for would be deputyship, but as the nearest relatives there is nothing stopping you from telling this company that you will be applying yourselves. Next of kin has no legal meaning and whoever her deputies are, they have no obligation to inform you of anything. 

RAS

smarttart said:

I spoke to a couple of the ladies from the LPA company at my Uncles funeral to ensure my Aunt would be ok now my Uncle has passed to be told she would be looked after but they also said that they were applying through the courts for LPA for my Aunt. 

I'm a bit confused by this.

Aunt has Alzheimer's which various posters believe precludes her now appointing attorneys?

If so, the company can't apply for an LPA either, and it's unclear as to why they have priority over family members if they are applying for deputyship?

I think I'd try and clarify with the OPG when uncle's LPA was registered, if possible, and whether one was registered for Aunt at the same time.

smarttart

Flugelhorn said:

Di your aunt complete an LPA? If so presume they are registering it now. It will have been completed when it was her decision as to who should handle her affairs 

If she didn't do LPA then You would have to apply through the court of protection and I think you have as much right to do this as   the company 

https://www.gov.uk/become-deputy

When my Uncle did his LPA when they went into the home just before Christmas my Auntie would not have had the mental capacity to be able to register one for herself.

elsien

Next of kin has no meaning in law, is not mentioned in the Mental Capacity Act and confers no legal authority on anyone.
It is primarily a mechanism so hospitals  have a point of contact.

Having an Alzheimer’s diagnosis does not automatically mean that your aunt lacks capacity to make a power-of-attorney and it is possible that she has chosen to go with the same solicitor that her husband used. Which if she knows what she’s doing, is her prerogative. Although it may be that they are just registering one that’s already in place because it seems odd that your uncle would make a power-of-attorney but your aunt didn’t unless she was already too unwell by then. 

Otherwise, as above and probably because assets have transferred from your uncle to your aunt, they will be applying for deputyship.
it is possible to object to an application, and then the court would decide who was best place to carry out the role. In those circumstances it could be a professional from the accredited legal panel. 

It is likely they are only applying for a deputy ship for finances because it’s very unusual to have one to health and welfare. 

In which case any health/ welfare decisions for your aunt would be best interest ones in consultation with the people who know her best although family would not be the decision maker. That would be the relevant professional, depending on the decision to be made and it would be their decision as to who was appropriate to consult. What level of contact do you have with her now?

 Although you are family, if a doctor asked the care home how much family were involved and they say  (just as an example) that you might make a phone call at Christmas and that’s it then you’re probably not involved enough to be supporting with big decisions. 

Flugelhorn

smarttart said:

Flugelhorn said:

Di your aunt complete an LPA? If so presume they are registering it now. It will have been completed when it was her decision as to who should handle her affairs 

If she didn't do LPA then You would have to apply through the court of protection and I think you have as much right to do this as   the company 

https://www.gov.uk/become-deputy

When my Uncle did his LPA when they went into the home just before Christmas my Auntie would not have had the mental capacity to be able to register one for herself.

that is fair enough  so no LPA - only route now is deputyship - probably need to start this process if you want to do it - it is complex and expensive - maybe better if you do it in conjunction with the company that handled uncle's. They can't say that you can't be involved