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Elderly parents

LPA or not?

6 replies

Hamster555 · 28/04/2021 12:18

Dad wants me to be attorney for LPA I aren't sure I want to take it on or deputyship if I miss the lpa.

He had a hard sell solicitor cold call him who I spoke to that took £500 off him without me even being there and got him to sign a waiver for no refund! I told them I was never consulted and I'm not interested also bollocked them for taking adv of an 80yo! They're not even regulated but this rat also told me on the phone if I didn't sign the forms and he loses capacity at that point I'll have a nightmare sorting his affairs out but I don't think that's correct.

If I don't take on LPA of apply to the court for deputyship or whatever the equivalent to LpA is which is also too expensive for me I am not conjoined to it abs the council would just take the lead on it all, am I right?

His estate will be small but he will likely cause me such a nightmare sorting his affairs out as it's such a mess, he's prob already in the grey area of having capacity or not but is refusing to see the Gp for an initial assessment too.

We've never had a close relationship so I aren't keen to give myself a nightmare task for 2 or more years until the money runs out. He left us homeless when I was born as wanted nothing to do with us so I have. A fractious relationship anyway with him. As only known him half my life and just not sure what to do at all!

OP posts:
Miasicarisatia · 28/04/2021 12:29

Hamster, I don't have any advice but but I have some concerns in this area myself!
When I was in my 30s my father just casually said oh 'I've done this power of attorney thing for you' and I naively accepted it without even questioning it and all thinking about whether I should agree.
20 years down the line I can see that father is a lot more cunning and sneaky than I realised at the time and I'm not sure if I'm going to regret agreeing to this 😳

Hamster555 · 28/04/2021 12:51

@Miasicarisatia

If you google ending the lpa, I'm sure you can get out of it! I'm sure I read that yesterday somewhere! I don't think unless he did it ages ago but I know now you can't do it without you signing to it firstly! Maybe years ago they didn't need the attorneys signed consent but the papers I have def require mu signature! X x

OP posts:
Hamster555 · 28/04/2021 12:52

@Miasicarisatia

From gov website;
*
You can end your lasting power of attorney ( LPA ) yourself - if you have mental capacity to make that decision. You need to send the Office of the Public Guardian ( OPG ) both: the original LPA*. a written statement called a 'deed of revocation'

OP posts:
CarmelBeach · 28/04/2021 14:46

OP

I'm so sorry that happened to your father.

I think LPA would be good but can he say to future callers "you have to speak with my daughter.?"

We have LPA but it was more for bigger things e.g. now selling a flat my parents own. They're fine with daily banking but it's good to get this done before you need it.

Miasicarisatia · 28/04/2021 17:23

I'll have a nightmare sorting his affairs out but I don't think that's correct
will you though? cant you just go 'nah, dont fancy dealing with that shit' (after all that's what he did to you) and walk away?
(I will resign it if it turns out to be a pain in the arse!)

MereDintofPandiculation · 28/04/2021 23:14

Hamsterthe deed of revocation of a POA is when the donor wants to cancel it. But the attorney can "disclaim" - ie say they no longer wish to act
www.gov.uk/government/publications/disclaim-a-lasting-power-of-attorney

If you think you will have any role in the care of your dad, you should do the LPA. It's not just the house sale for care fees, it's things like being able to buy him new pyjamas out of his money not yours.

Remember, you can opt out of being an attorney at any time, but you can't change your mind and become an attorney once he's lost capacity.

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