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Elderly parents

Lpa help

6 replies

Afte · 19/11/2022 16:12

Just about to activate LPA for mum, the LPA is joint with a sister who is also happy to activate.

Now there is another sibling who isnt named as an attorney, so how does the lpa stop this sibling doing things on behalf of mum like making her move etc. which we think she would attempt to do!

Just obviously want to make sure mum isn’t made to do something she doesn’t want to as this other sibling isnt an attorney and we and my other sister don’t get along with the other sibling.

thanks in advance.

OP posts:
EmmaAgain22 · 19/11/2022 21:05

If you mean the other sibling would persuade your mum into things, I am not sure if LPA can stop that while your mum has full capacity?

CaronPoivre · 19/11/2022 21:10

LPA only comes into effect once the donor loses capacity and only for decisions she cannot make herself. Nobody without LPA can force decisions onto her but thru can coerce or persuade.
Persuasion is legal, coercion is abusive.

EmmaAgain22 · 19/11/2022 21:30

CaronPoivre · 19/11/2022 21:10

LPA only comes into effect once the donor loses capacity and only for decisions she cannot make herself. Nobody without LPA can force decisions onto her but thru can coerce or persuade.
Persuasion is legal, coercion is abusive.

LPA can be used before though

I operate one of mum's bank accounts already - lucky as I had to book respite care for her this week.

CaronPoivre · 19/11/2022 21:45

EmmaAgain22 · 19/11/2022 21:30

LPA can be used before though

I operate one of mum's bank accounts already - lucky as I had to book respite care for her this week.

LPA finance can LPA H&W can’t. It can also be rescinded at any point whilst a person has capacity.

EmmaAgain22 · 19/11/2022 21:46

CaronPoivre · 19/11/2022 21:45

LPA finance can LPA H&W can’t. It can also be rescinded at any point whilst a person has capacity.

Yes ..it's finance the OP is concerned about, I think?

MereDintofPandiculation · 20/11/2022 09:53

Making Mum move, eg into a care home, would come under LPA Health and Welfare, which can be activated only once she has lost capacity. Unless she’s entirely self funding, Social Services would have a say too. It would be difficult for change in her living arrangements to be effected without your hearing it, at which point you would produce the LPA to show you were named and your sister wasn’t.

LPA Finance can be used while she still has capacity, provided it’s been set up like that. Any institution holding your Mum’s money will not take instructions without seeing a copy of the LPA, which they will copy and hold on computer, and they will want to see id of the attorney any time you want to pay money out. That would include setting up a standing order or DD to a care home.

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