LPA - lasting power of attorney

Hi all.

Is anyone on here lpa for someone?

If so, can you tell me if there is a lot of work involved, how often you need to do anything and if it makes life complicated?

My dad is divorcing my mum who has a brain injury and he keeps telling me and my brother it would be good if one of us is our mothers Lpa. However I am a bit confused by the whole thing and also wonder if it's the right thing for her.

From looking at the online forms it is all written from the perspective that the person wanting to have an lpa is the one taking the initiative to get one.

However my mums injury is too bad for her to even make the initiative that she might need an lpa so would need someone else to tell her she needs it. Does that mean us filing out the form on her behalf is wrong?

Any advice would be really helpful!

9 Replies

  • check put the mental health capicaty act should be online or ask at youre local C.A.B

  • Hi Lilly

    Normally an individual has to be fit to request lasting power of attorney as a form of insurance in case something happens in the future.

    There are 2 types...one for making financial decisions and the other for personal care eg what clothes to wear or what to eat.

    I would approach the GP or any specialists involved with your mum to start the ball rolling that way.

    And as Razy says talk to CAB.

    Love n hugs


  • I would suggest looking on the .gov website and then speak to a local Carers organisation. Look at Carers Trust website to find one.

    My husband and I have written an LPA which took a while as we sorted them ourselves, a specialist solicitor can sort them a lot quicker. We have not enacted them yet where as it sounds like your mum would need you to actually be her LPA.

    There is loads of info on the Internet, age concern have a good guide I think.

    Best wishes

  • Sorry not sure in this instance.

    Just know that as soon as I was well enough to sign, I did one for financial matters so if needed my sons could act on my behalf.

    Wonder if headway themselves could advise?

    Good luck!

  • Hi all. Thanks for your messages. Yes I know there is a tonne of online stuff to read and cab and advice from professionals galore etc.

    I just wanted to speak to a regular joe who might actually be acting as lpa for someone and hear first hand how much work it might be in a real life situation.

    On reading some more info I actually don't think we can get an lpa because my mum doesn't have the mental capacity.

    Thanks all :)

  • Yes unfortunately it is a rather a chicken and egg situation, you need to have mental capacity to set up an LPA, so forward planning is essential, we have done ones for both myself and my wife (MW6MLJ) and we have also persuaded my mother who is in her late 80's do do them as well, having done ours through the local solicitors and helped mum do hers directly, the hoops you all have to jump through to ensure that everything is done in the right order, I would suggest the cost of getting a knowledgeable solicitor to run the process is well worth the cost. If there is questions over you mothers mental capacity to do one this is probably even more advisable.

  • Hi Lilly

    I replied to this yesterday, but it seems to have vanished! I hold financial lpa for my partner. We applied online through the gov.uk website. He was deemed capable of agreeing to this though, and we were helped by his clinical neurologist at the time. In your mums case I think you will need to apply via the court of protection. There is a cost involved, and I've heard it's quite a lengthy process.

    As far as making life complicated, I guess that depends on how many financial transactions she has to manage. In my partners case it's just a case of a mortgage and the usual bills. Once you have told all the creditors that you have lpa (and given them proof), you deal with finances in the same way as you would manage your own, but using your mums account and bank card that would be issued in your name. (That's how it works for us anyway.) I suppose the thing to look out for is if there are any debts, as I don't know how it works in this case!

    Hope that helps a bit.


  • Hi, it's not that much hassle to set up. Mental capacity is not a black-or-white thing - your mum may have sufficient mental capacity to set one up but not sufficient mental capacity actually to manage her financial affairs. However you would need a relevant medical advisor to certify that she does have sufficient capacity to set one up - and she may not have. If she doesn't, you have to go through the court of protection which IS a hassle. If you do end up acting for her that may or may not be a hassle depending on the complexity of her affairs.

  • Just another thing you might want to get professional advice on - if you were acting for your mum what would that involve if her best interests conflicted with those of your dad's best interests in a divorce situation.

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