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the realities of a solicitor having LPA

4 replies

PassTheBranston · 24/08/2020 08:33

My dad has early onset dementia and his mental health has rapidly deteriorated over the last couple of years. My sister and I both live 3 hours away and visit when we can but need to do a lot remotely. I receive his mail to my address and help with admin, I do his food shopping online, buy his clothes, take him to medical appointments and as additional support have arranged for a carer to visit once a day to make him a hot meal and give his medication. There is a standing order set up to me from his bank account to cover the cost of the shopping and the carers, gardener, bits and bobs and I keep a spreadsheet. Last month he was admitted to hospital with pneumonia and a urine infection which made him very confused. As a result he was deemed unfit for discharge and is currently in week one of isolation in a nursing home. We don’t know if he will or won’t come out but has had a capacity assessment and is deemed to no longer have capacity. It transpires that in 2014 he gave LPA to a local Solicitor and what I need advice on is I have no idea how this works in practice. My question is, now he no longer has capacity and solicitor has LPA how do my sister and I take care of him from now on? Are we cut out of the picture and it’s now between social services and the solicitor? If for example he needed new clothes, or to change utilities suppliers as he’s being continually ripped off by annual price hikes, if he needed a new hoover or washing machine or increased visits from carers. Do we keep having to go cap in hand to the solicitor? His current account is running low but he has £80,000 in an ISA. How could this be transferred to his current account to cover his everyday outgoings? I just feel helpless and don’t know how any of this works. Can anyone advise me ?

OP posts:
OneEpisode · 24/08/2020 08:44

You could try to write to the bank in your name and your sister’s, and ask them to transfer sufficient ISA moneys to his current account and male payments direct, to meet his needs.
They may accept this from you if you explain he is vulnerable.

Once the solicitor is told, the solicitor will do things, but will charge for everything they do.
You remain the next of kin, and professionals like doctors and social services will still expect you to be involved.
Flowers for you.

picklemewalnuts · 24/08/2020 08:52

The solicitor can, and should if they have no reason not to, delegate day to day care and decision making to you and your sister as is currently done. They would only need to be involved should a concern arise, for example the nursing home feel you are using his funds inappropriately for example.

Ring the solicitor's office and ask what they expect happens next.

PassTheBranston · 25/08/2020 06:48

Thank you both

OP posts:
RedHelenB · 25/08/2020 07:13

If the home he's in now is suitable I'd be tempted to see if he could stay there. I'm sure the solicitor would agree.

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