Lasting Power Of Attorney

[Barquentine]

If you have a registered LPA with no restriction on the Attorneys preventing them form making decisions until you lose capacity, then what if you make one decision about something and they try to make a different decisions. Who decides you have capacity for your decision to take precedence?

[murraymints]

Doctor ?

[ubasses]

Mental health doctor will assess patients once any incapacity/dementia is confirmed.

[ubasses]

I shoud have said to confirm/diagnose mental incapacity.

[woofgang]

Is this a real situation? I find your question a little confusing, maybe you could give a few more details?

[Barmaid]

I'm not sure i understand you. The LPA should not be registered til the donee loses capacity. Can you give further details, please.

[bednobs]

BM, you can register them whenever you like can't you? It especially makes sense to register the welfare on early, cause creditors can always be stalled till you register the LPA, but welfare decisions can't always be deferred

[bednobs]

for example, although mine's not registered yet, i want to register it in case i am in a car crash for example, and need mr nobs to make my decision re turn off or not!

[Hymie]

It is not correct that ‘the LPA should not be registered til the donee loses capacity’.

Having completed and registered LPA’s for my mother, I registered them once completed, to ensure that everything was in order; otherwise should some correction/clarification be required by the Office of the Public Guardian – the relevant signature witness(es) may be difficult to find (having moved away/died or whatever).

Having registered the documents with the Office of the Public Guardian, I have not (as yet) had cause to submit either to relevant authorities to take control of my mother’s affairs – but I fear that the day is fast approaching.

[DaisyNonna]

Who or what is a mental health doctor?

[bednobs]

a doctor that work in mental health as their speciality ?

[DaisyNonna]

So another doctor who is not a specialist in mental health may diagnose and confirm dementia?

[bednobs]

have no idea, sorry. Most people with demetia will have seen a psychiatrist or gerontologist i guess

[ladyalex]

It is my understanding that the person for whom the LPA has been registered can conduct their own affairs with no regard whatsoever to the person who has the LPA.
I do not know, but suspect that it would have to be 'proved' by the LPA holder that the person was 'without capacity' before any decision could be taken overruled.
I believe that a 'suitably qualified' doctor would have to submit a report to the Office of the Public Guardian. In most cases that would be either a psychiatrist, a geriatrician , a geriatrician who specialises in psychiatry, or a psychiatrist who specialises in Old Age Psychiatry.

[ubasses]

There are 2 forms of LPA Financial and Health. The Financial one can be used at any time the Donor wants the Attorney to take over their financial affairs. The Health and Welfare can only be used when the Donor becomes mentally incapable.
It is reccommended that they are Registered immediately as there can be several weeks of delay, especially if there are any errors in it.
When my mothers GP decided she could no longer look after herself she arranged for the Community Mental Health Doctor to come out and assess her.

[DaisyNonna]

Psychiatrist? Gerontologist? No way. Doctor tells one to just carry on. No help, nothing, zilch.
"Oh, if your father does not want help there is nothing I can do." Quote from G.P.