Lasting Power of Attorney

[Galwaybay2]

Arranging my LPA I have realised that I have not done this for my LD son whose finances I manage. Can I include him in mine to simplify?

[Jofisher]

I don’t believe so no and if he lacks mental capacity like my son you have to have a deputyship for finances and the health one. You can do them yourself as it would cost a fortune through the solicitor they’re not the easiest of forms and you will be told it’s not easy to get the health one but my friend and I both got our no problem it then gives you legal powers to challenge.

[Galwaybay2 in reply to Jofisher]

I think we may be ok with an LPA as he would be able to understand and choose, if not complete forms. Avoiding cost is a real consideration for me, and preventing his siblings having to fight through all this in the future is what it's all about. Thank you

[Jofisher in reply to Galwaybay2]

Yep I am so worried about my daughter having to deal with all this when she has her own life and family now.

[redyogamj]

If you son doesn't have capacity to make decisions then he cannot have a power of attorney. One of my sons

[redyogamj]

If your son lacks mental capacity then he cannot make a power of attorney. One of my sons is the appointee for his brother who has a learning disability and doesn't have capacity, but after the long process of applying for deputyship for finance, and paying the fee for applying, he was turned down by the judge and the reason give was that he was already the appointee for his state benefits and funding. I would get legal advice before you start.

[Galwaybay2 in reply to redyogamj]

Capacity is the word that concerns me. I need to find the definition for this purpose. Many thanks.

[49Twister in reply to Galwaybay2]

My son is 50 and been in supported living for 8 yrs. They presumed he had capacity, and treat him as such, even though I told them he doesn’t have capacity for finance. He should have had a capacity assessment when he moved there, but it makes their life easier if their deemed to have capacity. I got the social worker involved 18 months ago, she did a finance capacity assessment with Alan, proving he hasn't got a clue in handling money. He does have some capacity for making some decisions ie choosing what he wears, what he wants to do etc but not for complicated issues in dealing with money or his health. Like you I had never heard of capacity assessments, and didn't understand it, but really their necessary unless it's totally obvious if they have profound or complex needs. My son lived with me full time till he was 42 so I knew him very well but they took no notice. Still fighting for him and I'm 75. Supported living is not what I expected to be, it should be a good experience for both of us. Hope this helps.

[49Twister]

It will have to be a separate one for your son. My son doesn't have capacity for finance and health but the social worker and I agree that he understood an LPA, basically that I look after his money. I went to an organisation " called "Search" who helped me do it, sorted it all out and I just had to make a small donation to them as a charity. If your son is on ESA they don't have to pay the fee, just need to send a copy. It was a big help having someone who knew what they were talking about as these things can be quite daunting. Ĺook online for organisations in your area that can help. It took a few meetings to sort it but I felt it was worth it. Good luck

[Staffielover3 in reply to 49Twister]

hi after reading your blog this morning could you send me the website for the org Search which you speak of. contact number or e mail would be great. Regds Actor000.

[49Twister in reply to Staffielover3]

Hi I'm from Newcastle upon Tyne and the website was searchnewcastle.org.uk Not sure if it is in other areas. I would Google something ĺike charitable/volunteer help in applying for LPA, appropriate to your area. Some people say it's easy to do online but I felt I needed support in doing this. If you have a carers centre in your area they may be able to help or advise you. Good luck.

[Staffielover3 in reply to 49Twister]

thanks so much for getting back to me.

[Galwaybay2 in reply to 49Twister]

Thank you. I will talk to them.

[DrSarahmac]

my daughter has capacity and we have a finance POA in place and are just finalising the health one. It can all be done online through the Gov website. Fees are waived for certain benefits so it's the just a time cost. Solicitors will charge through the nose. It's fairly straightforward.

[Galwaybay2 in reply to DrSarahmac]

Did you complete the forms and sign on your child's behalf?

[Galwaybay2]

Thank you for that. My son would understand what I'm doing and could agree on the person but could not complete forms without my help. I am unsure what capacity means.

[DrSarahmac]

I filled in the forms and explained it all to my daughter to ensure she understood the purpose and was happy with us as her attorneys. My daughter signed for herself. You also need to find an independent person who knows the donor and who can independently verify and sign to say that the donor understands and there is no coercion and it’s in their best interests etc etc. it’s a bit if a fag but it’s doable. And if the donor gets certain benefits there’s no fee.

[Shedman1]

I would advise caution in becoming an attorney. In my experience you carry all the risk and no authority. I took out LPAs for health and finance for my brother who has Downs Syndrome and is in supported living some 150 miles away from me. I have been falsely accused of restricting access to my brothers spend simply on the basis that I asked the staff in his supported living what the weekly £110 cash withdrawals were being spent on.

I am now being investigated by the Office of the Public Guardian. This is an ongoing nightmare and I fear I may be removed from being involved in my brothers care. I have employed a solicitor at significant expense and he has assured me that I have done everything correctly and thought there would be no further action.( I had also spoken to Mencap about my decisions around spend which they assured me were valid.)Given the time being taken he now fears my case will go to Court. He has seen other cases too where the OPG make value judgments about decisions. The guidance is not clear and the OPG helpline is poor. I really do not see any benefit of LPAs and think their need to be much clearer rules.

[49Twister in reply to Shedman1]

That is terrible, I think that would be acceptable to ask what his money is being spent on if you have LPA. Hope it gets sorted for you soon.

[Mybestfriends]

i'm my 34yr old Son's Appointed Carer with POA, he can do shopping & buy, pay for things. But any issues & he can't deal with, or fill out forms. He struggles with personal health & doesn't realise, when to call, ask for help. Also Medications, he needs reminding eg Antibiotics & creams, to take exactly as been advised, same with Applying creams etc. Because he doesn't like the feel, he may just not use. Health checks, he forgets to ask or tell any personal issues. If I wasn't keeping constant checks, he would have been very ill, quite a few times. Autistic & more..