Grandparent Lasting Power of Attorney

What is mental capacity? What happens if I lose mental capacity and I haven’t set up a power of attorney?

Mental capacity is the ability to make decisions for yourself. If you lose mental capacity without setting up a Lasting Power of Attorney (LPA), the court may appoint a deputy to make decisions on your behalf. This process can be time consuming and expensive and not a trusted person.

What if I lose mental capacity and I receive benefits?

If you lose mental capacity and receive benefits, someone will need to manage these on your behalf. This could be an attorney, if you have an LPA in place, or a court appointed deputy.

Should you get your parents and grandparents to do a LPA if they haven’t got one already? Why is this important?

It’s advisable to encourage parents and grandparents to set up LPAs if they haven’t already done so. It’s important because it allows them to choose who they trust to make decisions for them. 

It’s easier and less expensive than the alternative, which would be court appointed deputies, and it provides peace of mind for the family.

Can you have a joint LPA?

LPAs are made individually and not jointly with a partner or spouse. You can appoint multiple attorneys in an LPA and they can act jointly, so all must agree on decisions, or jointly and severally. This means that they can make decisions independently. 

What if another family member is concerned with the chosen attorney? Can you remove an attorney?

You can opt to have a person to be told of the imminent registration and the person who is registering the LPA must inform that person. There is then a four week waiting time before the Office of the Public Guardian continues with the registration. During that time, anyone can make an objection.

What is a deputy and what do they do? What happens when you apply to be someone’s deputy?

A deputy is appointed by the Court of Protection to make decisions for someone who lacks mental capacity and doesn’t have a LPA in place. When applying to be a deputy, you must provide information about yourself, the person you want to help and why you are suitable for the role. The court will assess your application and may require a hearing.

What is an Independent Mental Capacity Advocate?

An IMCA is a professional appointed to support and represent a person who lacks capacity in certain decisions, particularly when they have no family or friends to consult.

People would like to know how do I make and register a LPA? Can I get someone else to do this for me?

You can draft and register a LPA yourself or you can ask us to do it for you. The process involves filling out the LPA forms in strict accordance with the Office of Public Guardian (OPG)  guidelines, getting the LPAs signed by all parties and sending them off to the OPG with the required fee.

Why do applications for LPAs get rejected? 

Applications for LPAs can be rejected for several reasons, often related to errors in the application process. There are common reasons why LPA applications might be rejected. 

There may be incomplete or incorrect information such as missing signatures or incorrect details. There may have been a failure to follow proper formalities. A classic example is an incorrect order of signing on the form, or an invalid witnessing of a signature. 

There could be issues with the certificate provider, or ineligible attorneys – they may have conflicting roles.

Regarding the content of the LPA, there could be conflicting instructions on how the attorneys are to act, or inappropriate restrictions on the attorney’s powers. Then, finally, there could be administrative issues such as incorrect fees paid or out of date forms. 

To avoid rejection, it’s crucial to follow the guidance carefully. Check our website – we have an expert in LPAs in the office and is always available to help guide you through the process.

What else do we need to know about arranging an LPA for parents or grandparents?

Something we didn’t cover is that there are two types of LPAs. One is for health and welfare and one for property and finance. Your LPAs must be registered before they can be used, and it’s very important to discuss your wishes with your potential attorneys before appointing them, so they know how to make decisions on your behalf.

We also suggest that you regularly review your LPAs to make sure they remain current for your needs.

However, finally we recommend that not only the elderly have LPAs as they are important for everyone.