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LPA Financil query

including wills and probate
gadjet
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LPA Financil query

#394312

Postby gadjet » March 10th, 2021, 3:28 pm

This requires a "certificate provider" to sign that the donor understands what they are doing. Exactly what questions should the c/p ask? Are they to read through what the donor has written ?
I know that many on TLF have experience of LPAs so please may I benefit from your wisdom ?

Thanks

Sue

GrahamPlatt
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Re: LPA Financil query

#394315

Postby GrahamPlatt » March 10th, 2021, 3:51 pm

https://patient.info/doctor/general-pra ... pcog-score

"Results >8 or <5 on the GPCOG patient section were assumed to be cognitively intact or impaired, respectively. For patients requiring an informant questionnaire, a score of 3 or less out of 6 in this section indicates cognitive impairment"

gadjet
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Re: LPA Financil query

#394472

Postby gadjet » March 11th, 2021, 6:40 am

That is so if you involve a professional, however the LPA forms state that a certificate provider may be "someone who has known you well for at least two years". "You shouls ask a friend or neighbour, someone from your social or sports club, a work colleague or similar....they must know you well enough to have an honest conversation with you about making your LPA".

So, what questions should this person ask you, bearing in mind they have probably never been asked to do this before. Should they read the form you have filled in ?

Clitheroekid
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Re: LPA Financil query

#394664

Postby Clitheroekid » March 11th, 2021, 4:06 pm

gadjet wrote:This requires a "certificate provider" to sign that the donor understands what they are doing. Exactly what questions should the c/p ask? Are they to read through what the donor has written ?

There are basically two matters that the CP needs to be satisfied about before signing the certificate, and there's no need to interrogate the donor, or ask them a list of prepared questions.

The first question is whether or not the donor understands the purpose of the LPA and the effect of signing it. This really means does the donor have sufficient mental capacity to properly understand what they're doing? In most cases there's no need for any medical assessment, as most donors are quite obviously capable.

However, if the CP is in any significant doubt that the donor understands what's going on they should not sign the certificate, and should instead require a capacity assessment from a doctor.

The second question is whether fraud or undue pressure is being used to get the donor to sign the LPA. This is potentially more difficult to assess, as by definition a fraudulent attorney is going to ensure that the donor has no grounds for suspicion. A donor may also be under unfair pressure but simply be a good actor, giving the impression that it's entirely their decision.

This assessment is basically a combination of knowing something about the donor's personal circumstances (hence the need to have known them for two years) and common sense. Unfortunately, it's often a very difficult situation, as the CP themselves may well be under considerable pressure, and be accordingly reluctant to refuse to sign, even if they're not happy about doing so. This is why, in many cases, it's better to obtain the certificate from an independent professional, as they can not only make a neutral assessment but will also have nothing to lose if they refuse to sign the certificate.

In all circumstances the CP should arrange to speak to the donor on a one to one basis, i.e. without anyone else present.

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Re: LPA Financil query

#394972

Postby gadjet » March 12th, 2021, 3:36 pm

Thanks, Ck.
That makes it easier, since I (the donor) am asking the CP to do this rather than the Attorney asking them.


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