Your own insurers will probably add it as a second car on a temporary policy for a reasonable price.
driving licence revoked for medical reasons
- Thread starter Quench
- Start date
Your own insurers will probably add it as a second car on a temporary policy for a reasonable price.
D
Deleted member 15970
Guest
You can do it yourself, and get away with it, but it would have to be simple.
Depending upon the level of cognitive illness and if there are any competing interests - especially siblings that have had a falling out, then it can be a royal pain in the arse to get the LPA activated.
I'm talking about the Court of Protection getting involved, appointing a protection officer to take control of all assets/spending, trying to get medical records and reports. Took us 18 months and quite a bit in legal costs.
My advice is get a really good assessment of mental state done when the LPA is first signed. Your dad's consultant should be able to do this, if he does private work. If not then ask him to point you in the right direction. Don't be tempted to take just a solicitor's assessment like we did.
Goat Eyes
Striker
My dad is of complete sound mind, other than depression he has no impairment.
We got it done as his mobility is the issue.
I’ve two brothers, both of whom are on there too.
D
Deleted member 15970
Guest
My advice was aimed at @Quench.
I'm sorry to hear about your dad's depression and mobility problems. I'm not saying you three won't always all get on and co-operate, but there is always the possibility of things going wrong. Even your dad's depression could be used to challenge your power of attorney - a challenge could go along the lines of 'Dad was depressed and x and y bullied him in to signing the form' - that's why a solicitor drawing up the PoA is useful, an independent assessment of freedom of will / lack of coercion.
Quench
Striker
My Dad’s level of cognitive impairment seems very minor, my mother’s is worse. I don’t expect any challenge from the family on any decisions I would make regarding their care, mainly because I’m an only child and will be next of kin for either one of them once the other has died. I’m mainly concerned about having the health POA, the financial stuff will be sorted via the will. The advice is appreciated mind. I’m going to follow Goat Eyes’ suggestion and try and sort the forms myself with advice from my daughter who has a law degree. Cheers to all who have offered advice, this place is a gold mine of advice, support and piss taking all of which is needed at times like this
D
Deleted member 1358
Guest
Can I just say that the advice from @Draig is not correct. I say this to only give you the right advice and not to score points.
Lasting Power of Attorney is drawn up by the person wanting to appoint an attorney, not by an attorney themselves.
Using a solicitor will support this and although the solicitor can not assess mental capacity, they will politely assess the person for compliance in the process, for example it is their wish to put the arrangement in place.
You do not need a consultant to do this and they would not be qualified or even have the knowledge unless they were assessing mental capacity as part of his treatment
Let’s be very clear. Depression is not a mental illness resulting in lack of capacity and would not be assessed for. Also only certain, qualified professionals can do such an assessment, such as a mental health social worker or a consultant psychiatrist, both of which don’t normally treat someone with depression unless with some other mental illness.
A LPOA is a very useful legal tool applied by the applicant should they need it and can often progress to a deputyship later if mental capacity is lost in cases such as Alzheimer’s or dementia, but at this stage the forms are completed by the applicant. They are straight forward and should be filled in with the person as the applicant.
For information I would completely reverse my approach to the LPOA and apply for the financial and not the health application, or at least do both. The health one is often a waste of time as you would still have little say from the health professionals should your (uneducated) opinion put the persons health at risk by contradicting the views of the professional. Where family input was sought it wouldn’t require legal powers but merely the direction of the family with the power of the health professional.
Please be very clear the financial affairs are NOT covered by a Last Will and Testament. The person is not deceased and a solicitor cannot act upon a last will when they are alive. Do the financial LPOA. Again if this leads to permanent lack of capacity then applying for a deputyship will be a lot easier.
In my experience we all hear people saying they need to do a will but a financial LPOA is just as important.
Note that cognitive impairment is the wrong terminology and is more a functional description and a US description. In English law it is referred to as mental capacity as legislated for under the Mental Capacity Act.
Again, as I’ve offered on this board before I’m happy to help anyone with applications from my experience.
Lasting Power of Attorney is drawn up by the person wanting to appoint an attorney, not by an attorney themselves.
Using a solicitor will support this and although the solicitor can not assess mental capacity, they will politely assess the person for compliance in the process, for example it is their wish to put the arrangement in place.
You do not need a consultant to do this and they would not be qualified or even have the knowledge unless they were assessing mental capacity as part of his treatment
Let’s be very clear. Depression is not a mental illness resulting in lack of capacity and would not be assessed for. Also only certain, qualified professionals can do such an assessment, such as a mental health social worker or a consultant psychiatrist, both of which don’t normally treat someone with depression unless with some other mental illness.
A LPOA is a very useful legal tool applied by the applicant should they need it and can often progress to a deputyship later if mental capacity is lost in cases such as Alzheimer’s or dementia, but at this stage the forms are completed by the applicant. They are straight forward and should be filled in with the person as the applicant.
For information I would completely reverse my approach to the LPOA and apply for the financial and not the health application, or at least do both. The health one is often a waste of time as you would still have little say from the health professionals should your (uneducated) opinion put the persons health at risk by contradicting the views of the professional. Where family input was sought it wouldn’t require legal powers but merely the direction of the family with the power of the health professional.
Please be very clear the financial affairs are NOT covered by a Last Will and Testament. The person is not deceased and a solicitor cannot act upon a last will when they are alive. Do the financial LPOA. Again if this leads to permanent lack of capacity then applying for a deputyship will be a lot easier.
In my experience we all hear people saying they need to do a will but a financial LPOA is just as important.
Note that cognitive impairment is the wrong terminology and is more a functional description and a US description. In English law it is referred to as mental capacity as legislated for under the Mental Capacity Act.
Again, as I’ve offered on this board before I’m happy to help anyone with applications from my experience.
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Quench
Striker
Again, thanks for the advice.
I have found the forms online and they look straightforward and the circumstances around our family are straightforward. I'm going to take them with me and fll them in with my parents this week if that is what they want. I can see that it will make things easier for them if I can speak to people to sort their bills etc. which is a nightmare as my Dad is vitually deaf
KeefBeer
Winger
My licence was suspended for 6 months by the DVLA on a doctors report in 2013/14 for neurological issues my wife was the main driver on the insurance.
I couldn't re-apply until the 6 month was up, so it was almost 9 months.
A bit of a fart on to get it back that ended finally with a 3 hour driving test with a specialist driving examiner from Walkergate Hospital Neurorehabilitation Unit.
I'm still insured to drive but my wife is the main driver.
I couldn't re-apply until the 6 month was up, so it was almost 9 months.
A bit of a fart on to get it back that ended finally with a 3 hour driving test with a specialist driving examiner from Walkergate Hospital Neurorehabilitation Unit.
I'm still insured to drive but my wife is the main driver.
Goat Eyes
Striker
You sound as though this is what you do for a living.
But when you do the online application for the LPA you can 100% complete the forms on the behalf of the applicant. It gives you the option.
That’s all I wanted really.
D
Deleted member 1358
Guest
It’s part of what I do but I’m always happy to help in here pro bono.
You can do the forms yourself but they do have to be completed and signed off by the person themselves
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Goat Eyes
Striker
When you say “completed” what do you mean?
I filled my dads in and all he had to do was get his signatures on there.
D
Deleted member 1358
Guest
As long as it’s his application it will be fine.
Happy to talk you through it you want to pm me anytime
Happy to talk you through it you want to pm me anytime
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Goat Eyes
Striker
Oh aye, it is. Me and my brothers all signed etc.
I see the benefit of paying someone too. It’s like applying for your passport, you know it’s right but don’t want to lose the fee for a mistake.
Quench
Striker
As far as I can tell they need to be signed by the person for whom the form is completed. You can type it onto the form for them, but they will need to sign in front of a witness that they are consenting to the application. The forms should also be certified by someone independent of the family who knows them well for at least two years, that the forms reflect what the donor wants. Alternativly it can be certified by a professional such as a GP, solicitor, etc. I've asked one of our family friends to have a talk with my Mam and Dad before wednesday and she has agreed to certify the forms having ascertained what they want. She is familiar with the process as she was asked to act as an attorney for her neighbours when they were geting on.
D
Deleted member 1358
Guest
LPOA is pretty straight forward. Just ask a solicitor to sign it off. Worth the cost.
soapster
Striker
I followed doctors instructions not to drive because of type 1 diabetes. I was not allowed to drive any vehicle until given the ok by dvla. I informed my insurance company. My insurance as far as I can remember was not made void, as I still had a car on the road that required insurance cover (even though I couldn't drive it). later got a restricted licence with reduced groups and for 3 years (about 6 years later everything was returned as it was as instead of insulin I reverted to metform (so now type 2). Informed insurance and they were ok with that.
so I would advise you contact insurance company to inform them of doctors decision and to sound them out about the car being on the road etc.
Goat Eyes
Striker
This is exactly what I did.
Is it still worth doing that even though it has been accepted and is now in place with the OPG?
Only if it’s insured aswell
Quench
Striker
Thats the plan, if they'll let me drive it I will, otherwise I'll cancel the policy and take out a temporary cover for the time it takes me to drive it here. I'll then SORN it on my drive until we decide what to do with it.
