Lasting Power of Attorney

[Shakey1500]

I am applying for this as advised by Social Services and the nursing home, on behalf of my elderly aunt. I am her only relative.

This is delicate. She has limited communication though her mental ability is not in question. It's difficult to explain, but it is not easy to converse with her. I have only been in touch with her for the last four years, it's a journey to see her which I make every month, so I wouldn't say we are close.

I've had no problem explaining the LPA to her, she says she understands and agrees and the certificate provider is satisfied. I've also sorted out her will on her request. My problem is, she pays for her care herself, doesn't receive any help towards costs. The cost is around £1000 a month (so the nursing home informs me) on top of which she pays utilities etc herself.

I understand that the LPA will take upwards of 6 weeks to register and that's fine. After it has been registered and I have been officially recognised as the LPA what happens then? I know that I cannot make any financial descisions without consulting my aunt BUT I need to know, (sorry to put it crudly, not my intention) how much money she has (that sounds awful) so I can work out how many months/years she can continue to pay for her care. Or if she's on the brink of dropping below the threshold so I can apply for help for her. Or if I need to start saving myself for things etc. I just don't feel able to say all this to her, hate hate hate the thought of asking. She is not forthcoming with anything. How can I ask her how much she's got??? Or with the LPA am I able to go to the bank and get statements etc? But is this going against the LPA as it would be without her knowledge as it were?

Any advice welcome, thanks for reading.

I think an LPA only takes effect when she loses her capacity, at which stage you register it at the court of protection. Mumblechum will know better though, and may be along soon.

If you explain it to her the way you have done here then I would hope she would give you her blessing as you clearly are only doing it out of concern for her wellbeing and continuity of care. You shouldn't have to foot the bill once her money has run out and even if the care home fees are higher than you are led to believe Social Services will pay there is some leeway if you are able to prove that she will deteriorate if she is moved to another care home. We did it with my grandma. Good luck.

LPAs can (and in my view should) be registered almost as soon as they're made, after serving the notices on the "people to be told". The reason for this is to avoid a situation where an LPA is rejected by the Office of the Public Guardian for some minor admin error, which is extremely hard to rectify once the donor has lost capacity. Far easier to sort out any glitches when they're still ok. Are you aware that your Aunt may be exempt from the registration fee of £130? That depends on her income, and a leaflet can be downloaded from the Office of the Public Guardian.

Enduring Powers of Attorney are/were registered only once the person lost capacity.

OP, you're going to simply have to ask to see her financial records. Whilst, once the donor has lost capacity, you have the right to do a search of all banks/building socs where you believe they may have assets, you can't do that without their consent before they lose capacity.

Thanks everyone.

mumblechum1 yes, I thought that was the case :( I knew I couldn't ask without her consent. Nor would I, ideally, just that it's so hard. It's strange, in all other walks of life I am a straight talker, no messing. But face to face with my Aunt it's incredibly difficult. I also realise that she is almost certainly afraid of death, what with the will making and signing the LPA etc. She has been in poor health, is a heavy smoker, so much that the hospital will not treat her anymore, she cannot have oxygen in her room because she refuses to give up. I don't begrudge her, it's the only pleasure she has left really. I just hate the thought of asking her because again, it suggests that we don't think she has long left and are "pushing" her for info when she really doesn't want to contemplate it.

Sigh, it's so sad. She's my only link to my father (he died when I was four) and I just want to do right by her without coming across as a nosey cow :(

Guess I'll have to bite the bullet, thanks. Oh, and without knowing anything of her finances, I don't know if she is exempt or entitled to help with the £130 so have paid it myself, less aggrivation for her etc.