Thank you for this very useful information Stuart, it confirms my way of thinking too, I have shared the link I was so impressed, liked and also subscribed.
Thank you , I need to find the money to get mine. My son can’t get it as my solicitor deemed that his learning disability means he does not have capacity
Until its abused by the individual who has that power. There are many horrific abuse stories out there online regarding people who have abused the power and stripped the victim of their assets.
Who can be a certificate provider for my LPA? A Certificate Provider must be independent of the application, not related to the donor or attorney(s), over the age of 18 and have known you well for at least two years. Their role is to make sure you are able to understand what you are signing and are not being forced into doing it. Ideally they will speak to the donor separately and privately before signing and witnessing the document. You can also ask a professional, someone with the skills to know if you’re able to make the decision on signing an LPA such as: a registered healthcare professional, such as your GP a solicitor, barrister or advocate a registered social worker an independent mental capacity advocate (IMCA) However, a professional might charge for their time. - Taken from - publicguardian.blog.gov.uk/2021/08/26/creating-an-lpa-frequently-asked-questions/
Personally I wouldn't do it. I'm a very independant person and would be concerned it could be abused. It's like handing your life over to someone else.I'm a free spirit, hence don't want to be dependant on anyone. If the worse were to happen I'll worry about that if and when it does.
No and if anyone tries to they should be reported to the Office of The Public Guardian and possibly the police too (if they are trying to commit some form of abuse including financial.)
I have an autistic son who lives in the UK and I do not - I am worried that he will be forced or coerced by anyone when I am not around. Do I need this (would it help) or could someone still come along from Social Services for instance and force him to do something take something he doesn't want/need?
@@StuartMcGoo From what I've witnessed, as a previous mental health nurse and the daughter of someone who had a diagnosis of dementia when they died, social services (and other health care professionals) can determine someone as lacking capacity even when this person is clearly and consistently able to express their preferences; and can still over-ride what the person is expressing as their choice and justify choosing something different for the person as being "in their best interests".
What you're talking about there is a "best interests" decision and these can be challenges through the office of the public guardian when an LPA is in place. These can include challenging Deprivation of Liberty, administering medication against wishes and so on. I'm not saying that concerned parties won't act in a certain way, I'm saying it may not be legal for them to do so or that their actions must be justified or can be challenged.
@@StuartMcGoo yes I agree. It's important to know that we can raise our concerns/challenge anything that doesn't actually seem to be in a person's best interests.
Yes, the advice is absolutely brilliant (and is overwhelmingly the most important thing here), however, when the adverts jump in they are deafeningly loud because the relative volume of this video is so low by comparison.
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Thank you for the information and its good to know
Thanks Stuart. You’re fantastic.
A great orator. Explained in its simplest form.
Thank you for this very useful information Stuart, it confirms my way of thinking too, I have shared the link I was so impressed, liked and also subscribed.
Thanks Stu, this was really informative, subscribed and liked
Was really helpful and explained well, Brilliant.
Thank you Stu, I came across your video by chance. Thank you for sharing this valuable information. Keep up the good work.
Glad it was helpful!
Brilliant video 👍👍
Thank you 👍
Thank you very good advise . Do you have any channels .this one isnt upnto date
Thanks so much. Could you do a video on wills, please. I want to be able to make sure that my son could access any money that I have in the bank.
Thanks again for this info I think you can read my mind lol take care.
Glad to help
Thank you , I need to find the money to get mine. My son can’t get it as my solicitor deemed that his learning disability means he does not have capacity
Until its abused by the individual who has that power. There are many horrific abuse stories out there online regarding people who have abused the power and stripped the victim of their assets.
Exactley! There's no knowing you could trust who you gave control to.
Great helpful video, thanks.
I saw something about a Certificate Provider on Page 11 of the form? can you eloborate on that please.
Who can be a certificate provider for my LPA?
A Certificate Provider must be independent of the application, not related to the donor or attorney(s), over the age of 18 and have known you well for at least two years.
Their role is to make sure you are able to understand what you are signing and are not being forced into doing it. Ideally they will speak to the donor separately and privately before signing and witnessing the document.
You can also ask a professional, someone with the skills to know if you’re able to make the decision on signing an LPA such as:
a registered healthcare professional, such as your GP
a solicitor, barrister or advocate
a registered social worker
an independent mental capacity advocate (IMCA)
However, a professional might charge for their time.
- Taken from - publicguardian.blog.gov.uk/2021/08/26/creating-an-lpa-frequently-asked-questions/
Personally I wouldn't do it. I'm a very independant person and would be concerned it could be abused. It's like handing your life over to someone else.I'm a free spirit, hence don't want to be dependant on anyone. If the worse were to happen I'll worry about that if and when it does.
is it possible for someone to act as an attorney, deputy or guardian without your knowledge and consent?
No and if anyone tries to they should be reported to the Office of The Public Guardian and possibly the police too (if they are trying to commit some form of abuse including financial.)
I have an autistic son who lives in the UK and I do not - I am worried that he will be forced or coerced by anyone when I am not around. Do I need this (would it help) or could someone still come along from Social Services for instance and force him to do something take something he doesn't want/need?
It's better to have it and not need it than need it and not have it.
And no social services cannot legally force him to do anything if he has mental capacity to say "no".
@@StuartMcGoo From what I've witnessed, as a previous mental health nurse and the daughter of someone who had a diagnosis of dementia when they died, social services (and other health care professionals) can determine someone as lacking capacity even when this person is clearly and consistently able to express their preferences; and can still over-ride what the person is expressing as their choice and justify choosing something different for the person as being "in their best interests".
What you're talking about there is a "best interests" decision and these can be challenges through the office of the public guardian when an LPA is in place. These can include challenging Deprivation of Liberty, administering medication against wishes and so on. I'm not saying that concerned parties won't act in a certain way, I'm saying it may not be legal for them to do so or that their actions must be justified or can be challenged.
@@StuartMcGoo yes I agree. It's important to know that we can raise our concerns/challenge anything that doesn't actually seem to be in a person's best interests.
Volumes a bit low
Yes, the advice is absolutely brilliant (and is overwhelmingly the most important thing here), however, when the adverts jump in they are deafeningly loud because the relative volume of this video is so low by comparison.
You need to be much more upfront about who would benefit from an LPA.