LPA - where do I start?

Peggymac

I believe my elderly parents had LPAs set up for one another years ago.
My mother now has memory problems and, in my opinion, is showing early signs of Alzheimer’s. She is aware she struggles.
Unfortunately my father refuses to accept there may be an issue, citing a diagnosis of ‘mild cognitive impairment’ made three years ago. They are both refusing to visit the GP, as ‘everything is fine’. 
I’m concerned that she will be unable to cope if he dies first. Can anyone advise me the best way to apply for a LPA for my siblings and I before it’s too late - should my parents agree? Are solicitors the best option in these circumstances? Or should we try to do it ourselves?Thank you in advance 

Flugelhorn

You can only do this IF they agree as it is them who have to apply for it. 

You can do the paperwork - just be sure that mum has enough capacity to understand what she is doing

you will need a certificate provider eg a friend who has discussed it with them and signs the forms 

might be a good idea if you can get a friend of theirs to chat to them anyway about LPA - they probably won't take advice from their kids

FlorayG

If your father dies leaving your mother without an LPA person then sadly she will not have one; if she has Alzheimer's she will be deemed not to have capacity to appoint someone. So I would think you need to find a GP willing to affirm that she still has capacity NOW and then it's your mother who has to set up the LPA. If she is happy with the current arrangement and doesn't want to change it there's nothing you can do

elsien

As above, it’s about persuading them both it’s a good idea to have them, not just your mum, but ultimately the decision as to who to have is theirs. Given they made one in the past and presumably they thought it was a good idea at one point so maybe take that tack to start with.


Although the above information isn’t entirely correct - A memory issues or a formal dementia diagnosis in and of itself would not rule your mother out from making a power-of-attorney because capacity is time and decision specific. But in those circumstances, it would be wise to get a professional to check her understanding if there’s any possibility the LPA could be challenged. 

If they do start to think why do they need them, they can also be useful if people retain capacity but have physical health issues so need someone to sort out bills while they’re in hospital or housebound, for example. 

if you think it was an LPA that was set up rather than an EPA, you can check with the office of the public guardian to see if anything has been registered - they are normally back within a week.

https://www.gov.uk/government/publications/search-public-guardian-registers

Although  if they’re already on there, your parents might wish to redo them anyway to include new or replacement attorneys if they only have each other down. 

Peggymac

Thank you for your advice. I’ll speak to them this week and check if they have EPA or LPA and take it from there regarding new/replacement attorneys. Thanks again