Hi All,
Has anyone done recently done a Lasting Power of Attorney? My wife and I were thinking of doing these... I've seen the guidance and templates for the Financial one and the Health one at:
https://www.gov.uk/government/public...de-web-version
Is it fairly straightforward to do? Any tips to share?
Regards
Punit
My wife and bro in law did one last year for their mum. I filled in the initial forms online and it was pretty straight forward. It got complicated/delayed with Covid as we needed the doctors for the certificate provider sign off. In the end they had a legal person in for another matter who took it over and finished it. But overall my impression of it was that it was pretty straightforward.
Quite possibly now more important than a Will. Chances are you will live longer but not in full health and great increase in incidences of dementia.
Reasonably easy to do, but if in doubt a lawyer won’t charge too much for them.
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Pretty straightforward really - we had to sort one out a couple of years ago.
Most difficult thing was getting the witnesses etc but even that was pretty straightforward really.
The service keeps you updated quite well in terms of next steps etc.
If you don’t want to do it yourself, FareWill offer the service.
If you think you may need one get it done, they prove invaluable when the time comes
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Currently doing this for my F-i-L at the moment.
Pretty straightforward.
Agreed. Got both my parents done, for both, by a solicitor. Proved invaluable when mum was ill last year and in her last weeks earlier this year.Originally Posted by J3w3ll3r
Also seemed to make sorting her estate easier.
Becoming more useful for dad, even though he clings to his independence, useful when sorting online banking, doctors appointments etc as he is not online.
M
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I had a Solicitor do one each for my Mum and Dad. Dad died and Mum is in a care home now. Without the POA's it would have been an utter, utter nightmare.
Get the 'certified' as some organisations only accept certified POA's!
Yes, I sorted out one of each for my mother in August last year.
You complete the forms with everyones details, the court of protection write to the person who he POA is about telling them that it's in process, then to the 2 witnesses to confirm its not being done under duress and for legitimate reasons. Providing all is in order, the Court of Protection rubber stamp it and thats it.
The court fees were £80 each and that's it , compared to £350 for each that some of the will writing services offered to do it for.
It's a very straightforward form filling process, which is logically explained in the guidance notes, so no reason to give someone else £500 to fill in a form
Best piece of advice I can give you - get it done before it's needed. It can't kick in until a solicitor and doctor decide it's needed, giving protection from abuse. Applying after it's needed means that the process can drag on for years. That results in nothing being able to be actioned with finances etc. I know of a few people who missed the boat and it creates a horror story for financial and medical care.
As above - get one done.
Once registered with the Court of Protection they can be used. My mother registered myself and my two sisters on a "joint and several" basis. So with the agreement of my sisters I took all control of my mothers bank accounts and investment portfolio until she died.
i have two, health and financial in my hand at this moment, for my dad @92 ,found it ok to understand the process but took some figuring out with the witnesses, cert provider ,as in who can who cant sign what, and you dont want to make a mistake or miss a signature as the will reject and you get / can get charged again sol we asked wanted £400!, its £83 each now diy., will submit them tomorrow and wait !fingers crossed.
Got one for my late mum last year through a solicitor would have done it myself but we had enough to do looking after her and working full time as well never used it though
Had one for my late dad. His solicitor sorted it for free as dad had been a good client for years. It saved a whole chunk of hassle at the end of dad's life. Must get one sorted for myself and the good lady!
Easy to do online yourself and far cheaper than a high street solicitor. Essential as is a will. Dealing with a family member who has died without a will - intestacy is the nightmare outcome. Don’t put off either, essential for practical purposes.
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The new lasting power of attorneys for financial and property can come into effect immediately or on lack of mental capacity according to the donors wishes on the form.
If it’s the former and registered with the Office of Public Guardian you don’t need doctor or solicitor to decide it’s needed.
Keeping donors finances separate is highly advisable in case the Office of Public Guardian ever investigate.
My wife and I did reciprocal POAs for each other a couple of years ago. Our lawyer is a friend of the family so he did a BOGOF on the costs for us.
He came to the house and went through the Q&A about why we wanted to do it and explained it all to us and we were happy to sign it all off.
In hindsight with CV kicking in, it was the right time to do it.
having had a client decline my advice to do a PoA and then have him slip into dementia I can categorically advise everyone to get one.
the back up solution is a Court Of Protection application that is an absolute nightmare and also involves ongoing reporting to record/justify all expenses.
the heartbreak, cost and aggravation of that alternative makes a PoA an absolute bargain however you do it
Thanks for the advice everyone. Just had a quote for £1000 for 2xPoAs (Financial and Health) x 2 (wife and me) + submission costs ca £250! Will try the DIY route...
Is it necessary to have POA for both parents?
My dad is in good health at the moment but mother has dementia (assesment ongoing), she doesn`t have the mental capacity to understand any form-filling or legal jargon.
I'm in my 40s and doing it for myself anyway!
For your mum you’d need to apply to the Court of Protection as opposed to completing an LPA with the Office of Public Guardian.
As said before the POA is a good idea before someone lacks mental capacity to avoid the difficulties involved when someone loses capacity and there’s no attorney in place.
Kin hell, !!! , diy route take it slowly read every section and the help page, if in doubt call the help line i did twice and they were helpful & pleasant also not too long to answer the phone!, double check before sending off , mine are in so fingers crossed, 15 week process advised.
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