Lasting Power of Attorney (LPA) question
Discussion
Hi,
Quick LPA question. I have been asked to be my mothers attorney. I have been sent section 11 to sign with no other documentation attached. I have no idea what options my mother has ticked and her partner is refusing to send me a copy to look at.
Section 11 clearly states that I need to read section 8 prior to signing declaration.
Am I being unreasonable to ask for the full document to review prior to signing section 11? I am a little confused on how I can act in her best interest if I dont know what options she has selected.
Any advise welcome.
Quick LPA question. I have been asked to be my mothers attorney. I have been sent section 11 to sign with no other documentation attached. I have no idea what options my mother has ticked and her partner is refusing to send me a copy to look at.
Section 11 clearly states that I need to read section 8 prior to signing declaration.
Am I being unreasonable to ask for the full document to review prior to signing section 11? I am a little confused on how I can act in her best interest if I dont know what options she has selected.
Any advise welcome.
mutto said:
Hi,
Quick LPA question. I have been asked to be my mothers attorney. I have been sent section 11 to sign with no other documentation attached. I have no idea what options my mother has ticked and her partner is refusing to send me a copy to look at.
Section 11 clearly states that I need to read section 8 prior to signing declaration.
Am I being unreasonable to ask for the full document to review prior to signing section 11? I am a little confused on how I can act in her best interest if I dont know what options she has selected.
Any advise welcome.
Then you need to read section 8.Quick LPA question. I have been asked to be my mothers attorney. I have been sent section 11 to sign with no other documentation attached. I have no idea what options my mother has ticked and her partner is refusing to send me a copy to look at.
Section 11 clearly states that I need to read section 8 prior to signing declaration.
Am I being unreasonable to ask for the full document to review prior to signing section 11? I am a little confused on how I can act in her best interest if I dont know what options she has selected.
Any advise welcome.
She presumably is 'with it' at this point in time?
If she is you aren't being asked to act in her interest now (in relation to advice regards the options she has chosen now) , but when she is not able to at some point in the future.
Why don't you speak to your mother about her wishes for you to have power of attorney rather than dealing with her partner?
mutto said:
Quick LPA question. I have been asked to be my mothers attorney. I have been sent section 11 to sign with no other documentation attached. I have no idea what options my mother has ticked and her partner is refusing to send me a copy to look at.
Section 11 clearly states that I need to read section 8 prior to signing declaration.
Am I being unreasonable to ask for the full document to review prior to signing section 11? I am a little confused on how I can act in her best interest if I dont know what options she has selected.
Any advise welcome.
Section 8 doesn't have any "options" - it's just text about what you can and can't do.Section 11 clearly states that I need to read section 8 prior to signing declaration.
Am I being unreasonable to ask for the full document to review prior to signing section 11? I am a little confused on how I can act in her best interest if I dont know what options she has selected.
Any advise welcome.
https://www.gov.uk/government/uploads/system/uploa...
(That one's property, health is exactly the same)
Do you even know if you're an attorney or a replacement?
vonhosen said:
Then you need to read section 8.
She presumably is 'with it' at this point in time?
If she is you aren't being asked to act in her interest now (in relation to advice regards the options she has chosen now) , but when she is not able to at some point in the future.
Why don't you speak to your mother about her wishes for you to have power of attorney rather than dealing with her partner?
My mother isn't the sharpest tool, she's the kind to person who would go along with anything without reading it. She said "Why would I read all of that cr@p, that's why he’s sorting it all out”. She really has no clue she thought it was to do with the executor of her will!She presumably is 'with it' at this point in time?
If she is you aren't being asked to act in her interest now (in relation to advice regards the options she has chosen now) , but when she is not able to at some point in the future.
Why don't you speak to your mother about her wishes for you to have power of attorney rather than dealing with her partner?
Her partner flew into a fit as we have asked for a copy. Since making the first post is transpires that no sections have been completed at all, they intend to do this when they next see their solicitor. In effect I am being asked to sign a blank form.
mutto said:
vonhosen said:
Then you need to read section 8.
She presumably is 'with it' at this point in time?
If she is you aren't being asked to act in her interest now (in relation to advice regards the options she has chosen now) , but when she is not able to at some point in the future.
Why don't you speak to your mother about her wishes for you to have power of attorney rather than dealing with her partner?
My mother isn't the sharpest tool, she's the kind to person who would go along with anything without reading it. She said "Why would I read all of that cr@p, that's why he’s sorting it all out”. She really has no clue she thought it was to do with the executor of her will!She presumably is 'with it' at this point in time?
If she is you aren't being asked to act in her interest now (in relation to advice regards the options she has chosen now) , but when she is not able to at some point in the future.
Why don't you speak to your mother about her wishes for you to have power of attorney rather than dealing with her partner?
Her partner flew into a fit as we have asked for a copy. Since making the first post is transpires that no sections have been completed at all, they intend to do this when they next see their solicitor. In effect I am being asked to sign a blank form.
Everything has to be completed in a very specific order (signatures) though, so no you signing a blank form isn't acceptable.
If the partner is being obstructive do they object to this decision to rant you LPA? It doesn't sound like the actions of somebody fully onside and supportive.
If this is the case you need to sort this now or there could be a huge can of worms opened in the future. If you haven't done so then it would be worth having joint or "backup" LPAs nominated.
I have just gone through the same process applying for LPA with my two brothers for our grandparents. We wanted to ensure no one person was left singularly bearing the responsibility for any major decisions or dealing with any contention within the family.
If this is the case you need to sort this now or there could be a huge can of worms opened in the future. If you haven't done so then it would be worth having joint or "backup" LPAs nominated.
I have just gone through the same process applying for LPA with my two brothers for our grandparents. We wanted to ensure no one person was left singularly bearing the responsibility for any major decisions or dealing with any contention within the family.
https://www.gov.uk/government/publications/make-a-...
first download on the list, you can read section 8 in the form LP1F. Nothing to tick or answer, it's just a statement of your responsibilities.
first download on the list, you can read section 8 in the form LP1F. Nothing to tick or answer, it's just a statement of your responsibilities.
I agree with the comments above - it is not supposed to be a "secret" document and it is much better to do this jointly with your mother. It also gives you the opportunity to discuss her wishes. You will also need to know whether you are the only attorney or whether there are others. If there are several attorneys will you each have the power to act individually and separately? Ultimately you will need access to the entire document (once it has been registered with the OPG) to be able to use it - so you will need to know where it is.
Thank you for the replies.
This is the part in Section 11 I'm having problems with - "I have read this lasting power of attorney (LPA) including section 8
‘Your legal rights and responsibilities’, or I have had it read to me."
So, I need to read the filled in document (not just section 8) - My Mothers partner won't let me see/have a copy, to quote him "Your making a meal of this & "It's got nothing to do with you".
I would like to know what my mother has ticked in the relevant boxes throught the document! How on earth can I sign a document which I haven't seen?
Apparently the solicitor paid them a visit to their home and took £500 in cash for the priveliage of printing out the blnak document.
This is the part in Section 11 I'm having problems with - "I have read this lasting power of attorney (LPA) including section 8
‘Your legal rights and responsibilities’, or I have had it read to me."
So, I need to read the filled in document (not just section 8) - My Mothers partner won't let me see/have a copy, to quote him "Your making a meal of this & "It's got nothing to do with you".
I would like to know what my mother has ticked in the relevant boxes throught the document! How on earth can I sign a document which I haven't seen?
Apparently the solicitor paid them a visit to their home and took £500 in cash for the priveliage of printing out the blnak document.
mutto said:
My Mothers partner won't let me see/have a copy, to quote him "Your making a meal of this & "It's got nothing to do with you".
"Oh, OK. I don't need to sign it, then, if it's nothing to do with me."mutto said:
Apparently the solicitor paid them a visit to their home and took £500 in cash for the priveliage of printing out the blnak document.
<shakes head> Some people have no shame.Something not right here.
Are they asking you to be an attorney or asking you to witness the form (two completely different things) In the case of the witness even then you are ensuring you know your mother is fully aware of what is being done and that she is not being pushed into it.
Whatever the case it certainly is something to do with you, proceed with caution. No reason not to go ahead if it is all above board etc, I can't understand how everyone would assume you wouldn't want to see the full completed form and discuss with your mother before signing.
Are they asking you to be an attorney or asking you to witness the form (two completely different things) In the case of the witness even then you are ensuring you know your mother is fully aware of what is being done and that she is not being pushed into it.
Whatever the case it certainly is something to do with you, proceed with caution. No reason not to go ahead if it is all above board etc, I can't understand how everyone would assume you wouldn't want to see the full completed form and discuss with your mother before signing.
Green1man said:
Something not right here.
Are they asking you to be an attorney or asking you to witness the form (two completely different things) In the case of the witness even then you are ensuring you know your mother is fully aware of what is being done and that she is not being pushed into it.
Whatever the case it certainly is something to do with you, proceed with caution. No reason not to go ahead if it is all above board etc, I can't understand how everyone would assume you wouldn't want to see the full completed form and discuss with your mother before signing.
She is asking me and her partner to be attorneys. He sent to me in the post (they live 200 miles away from me) just the page (section 11) for me to sign. He won't copy and send the rest of the completed document forme to see what my mother has put for the rest of it.Are they asking you to be an attorney or asking you to witness the form (two completely different things) In the case of the witness even then you are ensuring you know your mother is fully aware of what is being done and that she is not being pushed into it.
Whatever the case it certainly is something to do with you, proceed with caution. No reason not to go ahead if it is all above board etc, I can't understand how everyone would assume you wouldn't want to see the full completed form and discuss with your mother before signing.
Edited by mutto on Monday 26th June 21:58
It may not be quite so unreasonable a it first sounded. The LPA is a bulky document (32 pages or so) and i can understand the reluctance not to send the whole thing in the post to you. There won't be a lot in the remainder of the document that needs your particular attention other than knowing whether you and the partner (as attorneys) have power to act "individually and separately" or whether signatures from both would be required.The other part of the document includes details of people who should be informed when the document has been registered and also a medical statement to say that she is of sound mind. Does the LPA cover both property and welfare? You can have different attorneys for each part. Maybe the simplest solution is for you to go to visit and talk with them .
Beggarall said:
It may not be quite so unreasonable a it first sounded. The LPA is a bulky document (32 pages or so) and i can understand the reluctance not to send the whole thing in the post to you.
Except you complete it online, and are given a PDF to download for signing.Beggarall said:
Does the LPA cover both property and welfare?
They're two completely separate LPAs. You can't do one to cover both.If there are more than 1 being listed to have POA then there is a section that indicates if decisions need to be made jointly or separately.
I would certainly like to see how that has been completed prior to signing anything as if separately has been stated then the other party can make decisions without having to consult any other POA.
LPA forms can be completed online very easily, That solicitor charging £500 for the service is disgusting!
I would certainly like to see how that has been completed prior to signing anything as if separately has been stated then the other party can make decisions without having to consult any other POA.
LPA forms can be completed online very easily, That solicitor charging £500 for the service is disgusting!
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