Lasting POA

[johntywino]

Hi, I'm thinking of doing a lasting POA for my mother (97). Can anyone tell me (A) How easy (or hard) it is for a layman to do,How many different pages of forms there is to download and fill in , what else is involved and would it be far easier to let a Solicitor do it???? The other little thing is that she is in a home with dementia, so would the Solicitor charge a bomb,then say it cannot be done? Thanks, John

[bednobs]

sorry johnty, it CAN'T be done. POA has to be given by the donor when they have mental capacity. You can't do it, she has to and from what you say she can't

[ABerrant]

If a person has no EPA or LPA in place, the Court of Protection may appoint a deputy to make ongoing decisions on behalf of a person lacking capacity. The Mental Capacity Act 2005 introduced deputies in place of the previous system of receivers.

The Deputy Order will set out the extent of the powers granted to the deputy which might relate to finances or personal welfare. This order can have a time limit on it so it is important to check how long it lasts.

The deputy must be someone who is trustworthy and with the skills to carry out their duties. The deputy has a duty to follow the key principles set out in the Mental Capacity Act and only to make those decisions authorised by the order of the Court. The deputy must always act in the best interests of the person. An application to be appointed as deputy must be made to the Court of Protection in the first instance on the prescribed application form. The Office of the Public Guardian can provide more information about making an application.

Applying to be a deputy can be expensive. The costs include an application fee, registration fee and a supervision fee (if it is needed). The Office of the Public Guardian will assess each case and place it in a band where it will receive a low, medium, intermediate or high level of supervision. The fees charged will be determined by the allocated band (contact the Office of the Public Guardian for band rates). It may be possible for a deputy to recover the costs from the person they have been appointed to make decisions for. Fees may also be waived or reduced for people on a low income.

Responsibility for the supervision of deputies lies with the Office of the Public Guardian.

http://www.justice.gov.uk/about/opg

[ABerrant]

Of course, all of the information above was covered in response to your thread of four weeks ago...

http://www.theanswerb.../Question1163202.html

[dzug2]

Dementia is not in itself an automatic debar to an LPA - it depends on the degree of dementia and whether she has periods of capability. Short term memory loss (if that's all it is at this stage) doesn't seem to me to be an automatic debar.

You can download and fill in the forms yourself and the only costs will be the OPG fees plus (if you choose professional certifiers rather than someone who knows her) certifiers' fees.

Ask yourself does she know and understand what she wants even if she is incapable of concentrating for long enough to put it into effect. If you can honestly say yes to that question then there is a chance of an LPA - but only a chance. Remeber it's a queston of what SHE wants, not what you want for her.


If you involve a solicitor yes there will be fees - firstly for making an assessment of her and if necessary telling you no go - and secondly for the LPA/deputyship if that's what you decide to do.

[johntywino]

Thank you Aberrant....I'm afraid my memory doesn't go back that far! Thank you Dzug2,just what I wanted to hear!!! Thanks again., John