Family dispute over LPA

Briefly I applied for a LPA after my partner suffered a brain injury. Before I applied I asked our GP to assessed his mental capacity. She did this on three separate occasions and everytime he was asked his answer was the same he wanted me to deal with everything. I also asked an IMCA who was also a trained Mental Capacity Assessor to assess him. She also visited on three separate occasions and each time his reply was the same.
The manager from our local carers center completed the LPA and I was awarded both Health and Welfare and Property and Finance. I’ve being doing this for 4 years now with no input from him family.

Recently I have received a letter from the office of public guardianship to advise they had recieved a concern that the LPA was obtained inappropriately and I was under investigation. I can only assume that a member of his family has raised this.

Has anyone else experienced this? I don’t feel I have done anything wrong I asked two professionals to assess him and based on their judgment made the LPA application.

Thanks in advance

Firstly try not to worry about it! They have to write to you if they receive a complaint. I have been through this and the email I received from the OPG was literally riddled with so many typing mistakes that I initially thought it was a hoax. I contacted them and to my horror discovered it was genuine and they said the person who wrote it would be spoken to and would receive further training!

That aside, I received confirmation later on that they could find no evidence of wrongdoing on my part and I am sure you will receive the same! Like you, I did everything by the book and got a neighbour to talk to Mum and ask her questions about the POA which she did very thoroughly before she acted as witness. It is so unfair that people who don’t help in any way but seem not to want anybody else to do so, can cause all this upset. Let us know how you get on.

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Who do you think wrote the complaint? You have done nothing wrong, nothing to worry about.

So sorry to hear about this Cheechee
I don’t have anything helpful to add on this.

Without wanting to cause further worry to you, there are things you need to address and think about if not already done.

You mentioned partner, you are not married.
As a wife you would be next of kin.
As a partner you are not next of kin and things could be difficult for you with the authorities and with his next of kin.
Does he have the capacity to get married?
Does he have a will? If there is no will, everything he has will go to his children, if no children then to his parents, if no parents then it will go to his siblings - you will not inherit as a partner you are no in the inheritance line.

Contact the Carers UK Helpdesk for information and advice, also Age UK and Citizens Advice.

Our telephone Helpline is available on 0808 808 7777 from Monday to Friday, 9am – 6pm or you can contact us by email (

But Breezey, POA trumps next of kin while the person is alive.

Cheechee doesn’t mention Wills but I imagine they have done a Will.

Yes it does trump that Penny.

Some past experiences of friends, family and self brought things to mind.

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Hi thanks for your replies. I am positive it is one of either two close family members. They have not brought the issue up with me but obviously made the complaint straight to the office of guardian.

I think the issue they have is that after the brain injury he was deemed to have a lack of mental capacity. But when he was assessed by the GP and I’MCA they both felt he fully understood on each and every occasion asked, who he wanted to be his PoA and he consistantly made clear he wanted me to act on his behalf. There was no fluctuation or variation of replies on this particular issue. He is inconsistent with regards to other questions but as I said with this he was very clear what his wishes were.
Based on this the IMCA completed and witnessed the PoA application. Surely two independent professionals wouldnt put their names to something they didn’t fully believe?

That sounds watertight to me Cheechee! In my case it was my brother and his wife, done purely out of spite and one of a long list of complaints they made to various bodies, none of which came to anything because I never put a foot wrong in all the years I looked after my Mum, keeping scrupulous records and always ensuring that whatever I did was in Mum’s best interest.

The thing is the OPG have to look into and respond to any complaint made to them however ridiculous or nasty it appears.

I was never asked to provide any evidence at all by the OPG and the person who witnessed the applications was never approached either because I asked her afterwards. You have far better proof than I did so I wouldn’t waste another second worrying about it.

Having said all that, I know it’s a worrying time and to have your character questioned is just horrible. Please let us know how you get on.


Hi Cheechee

I hope Penny has helped to ease your concerns and that all will be well with the LPAs.

It’s an underhand thing to do and something you can well do without.
I hope you have got all other affairs sorted out - no need to reply to that because you don’t need it all being chewed over in here as you have enough as it is. If you haven’t got round to them you need to, as said, it’s been too late for some friends/family to get around to sorting things.