Paying by cheque

[Sue_3]

I am not so familiar with using an EPA though my mother in law had one. An LPA can't be used at all until it is registered with the Office of the Public Guardian, but can be registered while the person concerned (the donor) still has mental capacity, at which point it is up to the donor to choose what they wish the attorney(s) to do and when.

Since it can't be used until registered, some people advise making an LPA well in advance of when it might be needed, which can be done easily online. Once a person has lost capacity they cannot make an LPA or choose who will manage their affairs, it will be up to the Court of Protection to decide who can act on their behalf (a Deputy).

Yes, we were about have someone come to our elderly relative's home to help her set up an LPA when the pandemic struck. Maybe it's time to try again?

 

[peter]

we were about have someone come to our elderly relative's home to help her set up an LPA when the pandemic struck

Why did you need 'someone' to sort it out?

 

[Sue_3]

Why did you need 'someone' to sort it out?

Maybe we don't, but a local charity had offered to help with it, so we were going to see what help they could give. In all of this, please remember that the person who needs to set up the LPA is mentally competent but unable to use the telephone or internet. We didn't want to seem to be railroading her into doing anything and thought an independent person to advise her might be helpful to all of us.

 

[peter]

the person who needs to set up the LPA is mentally competent

You have to be mentally competent to set up an LPA (see Citizens Advice).

 

[Sue_3]

You have to be mentally competent to set up an LPA (see Citizens Advice).

Yes, but if you are physically disabled it can be difficult and you may need help.

 

[peter]

Yes, but if you are physically disabled it can be difficult and you may need help.

Other people need to be involved with the setting up of any Power of Attorney, including the attorney(s), and someone else who knows the person well and can confirm that they have the mental capacity to understand what they are signing.

Having someone 'independent' come in to give advice might be reassuring for some. But many, I suspect, would prefer to rely on the advice of people they already know and trust.

 

[Pauline]

Having someone 'independent' come in to give advice might be reassuring for some. But many, I suspect, would prefer to rely on the advice of people they already know and trust.

I would guess that the individuals concerned are the ones best placed to make a decision on what is right for them.

What perhaps matters more is that people are aware that there is no obligation to pay for professional or other involvement when making an LPA. Some people may nevertheless want to obtain professional advice or help, but that is their choice - in the same way that some people choose to pay an accountant to do their tax form, or a solicitor to handle probate matters.

 

[Sue_3]

Other people need to be involved with the setting up of any Power of Attorney, including the attorney(s), and someone else who knows the person well and can confirm that they have the mental capacity to understand what they are signing.

You are correct, and I have now remembered that it was mainly the need to involve others for these purposes that made us put things on hold during lockdown. Plus the fact that rearranging Mum-in-Law's life - and our's - to minimise the risk of her catching Covid was quite time-consuming and stressful, at a time when we were all already stunned by finding ourselves in the midst of a pandemic. Of all the nightmare scenarios I'd ever imagined or planned for, it wasn't one of them. I kept saying 'I never expected to have to live through something like this!'

What perhaps matters more is that people are aware that there is no obligation to pay for professional or other involvement when making an LPA. Some people may nevertheless want to obtain professional advice or help, but that is their choice - in the same way that some people choose to pay an accountant to do their tax form, or a solicitor to handle probate matters.

Indeed, we did want to check with someone offering free advice that our understanding of the process was correct, but didn't think we needed to pay for any further advice. To be honest, I think we were also deterred by the HUGE information pack that we got from the Office of the Public Guardian. It might just need us to take a bit of time out to read it all more carefully?

In any case, I am sure that we ought to get it sorted out sooner rather than later now. It's just a pity that none of us thought about it BEFORE Mum-in-Law's health started to fail ... but of course we were busy working long hours then, as we hadn't retired, and Mum-in-Law was busy enjoying her retirement!