Lasting Power of Attorney

Hello all. I’m looking for some advice if possible.

Both my parents are 77. My father went into a care home a few months ago. My mother is at home by herself. We’ve been talking about organising LPA for my mum. I’m an only child, I would be the sole attorney. Both my parents share their finances. House, joint bank accounts etc. Would I need to organise LPA for my father also?

Hi Simon. I would certainly be obtaining power of attorney for your father. Much bettercto do it now whilst he hss capacity to agree.

Also do you know about Attendance Allowance for your mum. Also you need to familiarise yourself with Continuing Health Care if you don’t already know about it. Google it to find out more.

I am an only child. I am 72 and mum is 92. She was self funding in a care home (has her own property) but I found out about CHC and have been successful in obtainjng funding from the NHS for her care. CHC is NOT MEANS TESTED.

Good luck. X

Sorry Simon. Should have said AA for your DAD… Attendance Allowance and continuing health care is for the person who is ill. Not for the carers.

Just in case it’s needed , CHC / NHS Continuing Healthcare … main thread :

Thank you Joan and Chris for the advice.

Unfortunately my father no longer has the capacity to agree to a LPA. What would be the best way to go forward from here?

Hi Simon.

MoneyAdviceSevice web site will be of assistance here :

If the person you want to help has lost mental capacity | MoneyHelper

If the person you want to help has lost mental capacity.

Hi Simon
I would concentrate on Mum and make sure you have both LPAs – finance and health- in place for her. You can prepare it online, but do read ALL the examples and pitfalls shown on the .gov site. If Dad no longer has capacity it is too late, unless you need to go down the road of Court of Protection., which I believe is both tortuous and expensive, but I have no experience of that.
The Home and doctors might be forthcoming towards you as to Dad’s prognosis and general care, However without a LPA in place they have to follow the rules. For example a DNR or admittance to hospital. My Mum, whilst having capacity, made it clear that she did not want to go into hospital and did not want to be ‘revived’. But she was almost 100. Without LPA you cannot dictate that Dad be allowed to ‘pass away’ without intervention and it will be down to the Dr at the time.
Who is paying for Dad’s care? It should be coming from his half of their joint finances and your Mum’s share should not be touched. If his ‘share’ runs out – gets below the thresholds (£23,250-00, for partial funding and something like £14,00.00 ish for full funding (do check on those figures), then his care costs should be forthcoming from his Local Authority.
I am assuming that Dad is likely to pass away before Mum. Then the joint accounts, house etc will become hers alone (unless his will states otherwise) and she may well need an attorney to take care of her finances. You may want to consider appointing back up attorneys just in case you can no longer fill that role, for whatever reason. (Who knows what the future holds?).
However Mum could pass before Dad and then that will be a whole new kettle of fish if her ‘share’ of the joint assets goes to him as the costs of care will then come out of his new ‘estate’, including the value of the home, if they own it. Perhaps she ought to update her will but I think you ought to get legal advice about that in case it’s counted as ‘deprivation of assets?’ Murky waters.

Much of what you said is correct, other than the “Joint” Account, which means Game On for the Local Authority to take everything…Never ever have joint accounts no matter how close you are…

Do you really think the skint LA are going to split it in two and give your Mum her half? Its a joint account and they can use it all rather than paying there share…

Local Governments are so skint they will do everything possible to avoid paying for social care, which is why so many people are hiding funds, signing over properties, appointing trustees etc. To keep the slimy local council from their inheritance,

Hi Simon

I agree with what people have said so far about the fact that with dad having lost mental capacity and everything being held jointly this might be more complicated than just an LPA - I wonder if the Age UK advice line or CAB may be able to help.

The two things I would say about LPAs are 1. don’t assume that paying a solicitor a huge amount of money will ensure it’s completed accurately - so long as the guidance is followed carefully it is do-able without a solicitor. 2. Do register it with the OPG as soon as it is completed. A big problem is when people complete the LPA but rather than register it immediately, they leave it in a drawer thinking they’ll register it when they need it. Then when at a later date it is sent to the OPG a mistake is found on the document and it is impossible to amend as the donor has lost mental capacity.


Any help?

Thanks all for your comments and advice.

The Local Authority are paying for my dad’s care. My parents’ joint savings are around 28k so I don’t think there’s any worries there. I will be doing both my mum’s LPAs online. It seems straightforward enough. And as soon as they’re complete I will make sure they’re registered right away.

Hello all. I’m back again.

Just a quick question for those of you that have gone through the LPA process. The fee, should by mum be paying it? She receives a standard state pension. How can I find out if she receives “Guarantee Credit element of State Pension Credit”?

Simon, if mum cannot handle her benefits herself now, the easiest way of dealing with that is to become her DWP Appointee. It’s a quick and easy process as a rule.
Where is mum’s DWP correspondence going now???