Lasting Power of Attorney

[LighthouseSouth]

hi all

wonder if anyone can clarify, do we need a solicitor to sort this?

current situation - dad very ill in hospital, mum stressed to hell - both are 80 - no LPA in place.

If I can really get the forms off the government website, get them signed and sent off that would be good but does someone need to check dad has mental capacity to sign them? He does, but do we need a solicitor to come to hospital to confirm it?

thanks.

I did my DM's LPAs myself. There's a section where someone who knows your DParent(s) well will sign to say that in their opinion they understand what they're doing by signing an LPA.

Get one done ASAP through a solicitor, we had one done for MIL and was told he makes more money from people who haven't got one in place then the cost for arranging one, I have been led to believe there can be lots of complications if you try and do them yourself , go through a solicitor

You do not need a solicitor, they will charge you a lot of money. You can download the paperwork yourself or call the office of the public guardian who will send them to you, a doctor or senior nurse can sign that your father lacks capacity by doing a capacity assessment. What is it you need, health and welfare or finances or both and is it just form your dad, what sort of decisions do you need to make at the moment. There might be other ways you can help them, speak to the doctor or a social worker if you can, sorry to hear your dad is poorly.

Thanks all

Dad doesn't lack capacity at the moment but my understanding was that he needs mental capacity to agree to the LPA?

He is very ill indeed so it is necessary to sort this. My mother is on the verge of collapse so I think it's really important that someone other than mum can deal with things.

It will be for health and finance.

Yes he does need mental capacity to sign the l.p.a. but you can sign this yourselves, you will need someone to act as certificate provider, often a g.p. or perhaps a hospital,doctor or nurse, social worker, will do this for you. Our g.p. visited fil in hospital to go through it, charged 100 pounds, a lot cheaper than hiring a solicitor. The rest you can do yourself. Have a word with the social worker or doctor.

For finances if he agrees you can act as a third party on his bank accounts, giving you th3 ability to writ3mchewues, pay bills etc. This is done via the bank, your mum can give you permission if they have joint accounts. Financial p.o.a. Can come into effect as soon as it's registered if you tick the right box, health doesn't come in until he lacks capacity. If he is very poorly he might want to discuss his future care plan and wishes with the doctor.

But being ill isn't necessarily the same as lacking capacity. It also stands pointing out that if you want to cover both health/welfare and finance that's actually two LPAs. One for health and welfare, one for finance.

This is the link to the government website. i hope it works, I'm somewhat technologically challenged.

www.gov.uk/power-of-attorney/make-lasting-power

Thanks again

I think on balance dad would probably prefer to use a solicitor.

It does look like I could sort it myself but it's his choice in the end of course.

Thanks again.

In my experience solicitors can visit people in hospital to sign the paperwork but the solicitor needs to know if the person has capacity, I am not sure if they can assess it themselves ! I've only ever seen them ask a nurse or doctor to confirm this.