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Elderly parents

LPA -Any advice things we need to be aware of?

9 replies

perhapstomorrow · 18/09/2018 23:06

My wonderful DF has just been diagnosed with Alzheimer's. He is 90 but out of all the issues he has had with his health we never thought that what might finally get him is this. 😔 Anyway, my mum and dad have been told they should draw up a LPA. It's all a bit raw and upsetting so just wandering if there is anything we should consider when setting it up. I'm so worried about my mum. She doesn't live nearby and apart from my dad is totally alone. I wish I could be of more support on daily basis. TIA

OP posts:
HoleyCoMoley · 19/09/2018 12:40

Sorry to hear this, it's a terrible illness. There are two types of lpa, one is for finances which can come into effect as soon as it's registered, takes about 6 weeks or when the person loses capacity, the other is for health and welfare which only comes into affect when capacity has been lost. It might be worth having a capacity assessment carried out to make sure he fully understands all about the process, who is suggesting they do it. The forms can be posted from the office if the public guardian, they have a website with all the information you need which you can download and fill in instead if you prefer, there is a fee for both types. You need to think about what he will need help with, who would be a suitable person or persons to act on his behalf, they have to want to do it, are you thinking of setting them up for both of them. Do either of them have or need help at the moment.

perhapstomorrow · 19/09/2018 12:57

Thanks @holeycobolony. Only my dad needs help at the moment as my mum is in reasonable health. But I suppose we should get a backup just in case. Do you know if the witness can also be a certificate provider?

OP posts:
HoleyCoMoley · 19/09/2018 13:58

I thought a witness and certificate provider were the same thing. Your dad will be the donor, people acting on his behalf will be attorneys and possibly replacement attorneys and the certificate provider is an independent witness, they can't be family or one of the attorneys or replacement attorneys. It can be someone they have known for at least 2 years, or you can choose to have a professional witness like a g.p. or social worker. You can also become a third party on your dad's back account if you prefer, that doesn't involve p.o.a. and also a lot of people now set up an advance directives to plan their future care and hospital treatment if they need it. I like what you've done with my usernameGrin

perhapstomorrow · 19/09/2018 14:54

Oops!! Sorry.

Thanks for the advice. We will be drawing it up over the weekend. Also thinking about advance decisions. Some horrible decisions that my dad will have to make. It's very upsetting but needs to be talked about.

OP posts:
HoleyCoMoley · 19/09/2018 15:26

I know, it's really difficult, we tried for years but got there eventually. Flowers

NewspaperTaxis · 24/09/2018 15:06

The whole LPA in Health and Welfare thing, I can only say, if there is only one thing you do, do that.

Don't make a big deal of it. It's like travel insurance when you go on holiday. Just do it. If you have it and you don't need it, fine. If you need it and you don't have it, you are totally stuffed. From then on, the local Council ie Social Services are legally in control of your father's care and they are cut-throats and wholly unaccountable. They are basically corrupt.

In any power struggle between the so-called State and your father, the first put-you-in-your-place question will be: 'Do you have Lasting Power of Attorney?' If not, you are stuffed. They can do as they please. Sure, they have to 'consult' with the family acc to some Care Act, but in practice they know how to run rings around that.

You will not even be allowed to see his medical notes. Not until he had died, and even then various concerns try it on, saying you're not entitled to it, if there's a cover up to be maintained.

It cannot be got in retrospect, whereas the LPA in Finance can, though it's still better to get it beforehand.

Other stuff, the 'painful' decisions have nowt to do with LPA. I mean, just get it, fill out the form, you can add to it later and go into more detail I think. I'm not sure he has to detail end of life care, I mean spouses get LPA for each other in case of an unexpected accident is not all about dying and that time of life.

NewspaperTaxis · 24/09/2018 15:07

Oh, it's called the Deputyship when you get it in retrospect, when someone is deemed to have lost mental capacity. But you can only really get that in Finances, in practice you won't get it for Health and Welfare and if you try, it means taking it to court to battle a vindictive local authority.

kitkat6 · 24/09/2018 15:11

As your dad has already been diagnosed I would suggest asking his GP to be the certificate provider, they may charge for this but it is better than being left with a useless LPA.
Your local will writer will also be able to help you fill in the paperwork - it isn't the easiest. Cost varies hugely for doing LPAs from a professional point of view. You will also have to pay to register the LPA this can be reduced if he is in receipt of certain benefits such as pension credit. It is definitely worth getting your mum to do one at the same time and appoint more than one attorney.

AntiBi · 24/09/2018 16:35

Doesn't it take 8-10 weeks for financial LPA too?

www.unforgettable.org/blog/lasting-power-of-attorney-frequently-asked-questions/

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