Lasting Power of Attorney

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Sorry if these questions are really stupid but feeling overwhelmed after speaking to DM today who came across as more confused then ever but is still refusing to see a GP for a memory test.

I remember years ago her creating power of attorney forms and signing them. When the time comes do I have to do something to turn them on for want of a better phrase? Do I need to find the original I signed? It must be nearly a decade ago now. Does DM need to be assessed as not having capacity before the power of attorney can be used?

Did you get a letter with an activation code?? If so did you go on the website and activate it?? Failing that I would ring the office of the public guardian and ask them if anything has been registered??

Your DM does need to be assessed and deemed as lacking capacity before any power of attorney can be activated

Simplest way is probably to contact the OPG and ask if there’s one in place.

if it’s the LPA one you don’t need to “activate” as such, you just need to provide a copy to the relevant institutions. I think I has an electronic code as well so the bank I have them the code and it was all done online.

if it’s LPA then she does not need to be declared incompetent, but you should have the discussion with her that you are going to assist with her banking etc.

whatever you do keep records of everything, and bear in mind you should always discuss decisions with your mum even if you think she can’t make the decision.

This is not true. Used to be under EPA, but a LPA can be used at any point if the donor wants someone else to assist with banking- for example physical needs means they can’t get to banks/shops etc, but are still mentally competent. Their consent should be sought though.

The last post isn't strictly true.

With the Health and Welfare LPA attorneys can only act when the donor has lost mental capacity.

With the Property and Finance LPA section 5 provides a choice for the donor to allow attorneys to act as soon as the LPA is registered OR only when the donor lacks mental capacity.

Some organisations and institutions require confirmation that the donor no longer has mental capacity before they will recognise the attorneys authority. Also, it is possible for the donor to add instructions that a medical assessment is required to determine mental capacity.

You can find lots of fantastic free information at https://www.lpa-agency.co.uk which also has links to official documents explaining all of this