Can anyone help me with a question about Lasting Power of Attorney?

[loobylou124]

I know that it only comes into effect once the person has officially lost mental capacity...but what about when that person is suffering from a mental illness that means they are fine for a year, and then sectioned for six months, and then fine for another couple of years, and then sectioned for a while again etc. Would the LPA kick in each time they are under section, and then the person would resume control of their finances once they're discharged, until the next time? Or would it apply permanently?

This might be completely academic, as I'm not even sure whether we could get an LPA for this relative, as they have been suffering from this illness for many years and may not be considered fit enough mentally to sign an LPA. But surely there must be some kind of help we can get for them during their 'bad' episodes, to prevent them mismanaging their finances? By mismanagement I mean bills don't get paid and hundreds of pounds worth of crap gets bought online unnecessarily etc.

Thank you for any advice!
x

It's not true that an LPA can only be used once the Donor has lost capacity.

A Property and Financial LPA (but not a Health & Welfare one) can be used immediately after it's registered at the Office of the Public Guardian, and in fact for most of my clients, and certainly the ones appointing close family members as Attorneys, that's what I recommend. It's the best option because if someone has, for example, Alzheimers they can have good days and bad days. If they go for the other option, which is for the LPA only to be used once they've "lost capacity", it can cause problems.

So for the person ("Donor") you're talking about OP, so long as they have menta capacity now to make an LPA and to make a free choice to go for the option I recommend, making an LPA would certainly be a good way forward.

The Donor can put in restrictions and guidance as to how the LPA can be used if necessary.

I second what mumblechum says. I had POA for my father who had Alzheimers, In theory we could have been dealing with his affairs together- in practice he wasn't up to it. A POA does not remove the person's powers to deal with their affairs, it adds another person.Apply for POA while your relative is in a more lucid phase (they need to be competent to sign) then use it whenever you need it.