Power Of Attourney

[CW1]

Hi,

My fit & healthy 70yr old neighbour wants to appoint both his daughters as Power of Attorney now so that, in the future, when he's not [so] capable, he won't have to worry about things.

I've told him I thought that'd mean they'd have "power" once they ultimately receive the letter, not later as he's wanting. Can it be applied for now, while he's healthy, & then deferred ? I'm thinking it'd make sense to be able to do that but then how would it come into force in later years ?

I suggested there was no point in having a solicitor do it (they're charging an extra £600 or £700), he can do it himself, much like servicing a car - are you going to spend a bit of time doing it yourself or pay labour for a garage to do it ? Good advice ? Or not … ?

[bhg481]

You can postpone it ie, it isn't available as soon as the documentation arrives.
DIY is easy - you can do it a bit at a time and save it, then carry on later.

[PHPH]

My sister's and I did our mum's a few years ago ourselves and it was straightforward. My father-in-law did his through a specialist company - cost an extra £600 and took longer as they made several mistakes!

We had cause to use the financial one recently for my mum as she has signs of dementia. My sister simply took the documentation to the bank. If we had delayed the original process it would have been too late as Mum wouldn't have the mental capacity to do it now. I think the health one is different as to use it you have to show that mental capacity is diminished.

[PHPH]

Sisters not sister's!

[margarettom]

When we made our wills a few years ago we were asked if we wanted to set up Powers of Attorney then, so obviously you can put them in place well before they are needed.

[johnk]

he can make a lasting power of attorney which will only come into force when he is unable to manage his affairs. We did one for my late mother and it seemed to work.

[Froglady3]

As far as I know, it comes into force when the person can't make decisions themselves. There are 2 parts to the power of attorney now - financial and health. You don't need to do both. I think you may need a solicitor as it may not have legal standing otherwise. But I could be wrong.

[CW1]

Thanks all.

I had a closer look at the gov.uk website & seems a clause can be included about PoA not being applied until mental incapacity is proven so I've passed that on to my neighbour.


I'm hoping he'll let me help with the paperwork rather than be ripped off, I helped my other'alf when he did them for his mother & that was more tricky as she couldn't sign them! And, Froglady, it is legally binding without a solicitor :)

[Froglady3]

Thanks for the correction as I am just about to do the two powers of attorney for myself and was shocked by the cost so will be looking to DIY now!

[bednobs]

no matter who fills the forms, it has to be registered at the court of protection before it can be enacted and unless you are on certain benefits there is a hefty charge for that. You can do it without a solicitor, but you still need a certificate provider and there is usually a charge for that too if you use a professional person

[hellywelly4]

I did mine when I was 63 after my husband died, naming both my daughters. I'm now 77 and they have never tried to take over my affairs as I am still mentally ok. It has never occurred to me that they would want to do anything until I am unable to look after my affairs. When your neighbour is not capable it might be too late to set one up (after a bad stroke for instance).
I realise you are looking after your neighbour's interests, but why would you think his family would abuse it?
I don't think he would be able to set one up without using a solicitor.

[CW1]

Not sure we're talking about the same thing, Bedknobs. It costs £82 per LPA, that's it.

I don't think for one minute his family would abuse it, I've known the girls for quite a while, my neighbour's just being cautious. It can be set up without a solicitor, I helped my other 'alf set them up when his mum was bedridden.

[bednobs]

we are talking about the same thing - £82 per lpa seems like a hefty amount of money to me; perhaps not to you

[PHPH]

Not really answering the original question but may be of interest to anyone that registered a power of attorney from 1 April 2013 to 31 March 2017. Apparently the charge for these was too much so you are entitled to a partial refund. It was really simple to do and a refund was in my mum's account within a few weeks.
https://www.gov.uk/power-of-attorney-refund

[gingejbee]

In England and Wales (Scotland may be different), once the forms are filled in, you send them off to the Office of the Public Guardian...or do the whole thing online (but then the whole thing will need to be printed out for all the necessary signatures to be added)....there is a legal four-week wait before OPG can register an LPA.
Fees: if the person named on the LPA (the donor) has a low income, they could be eligible for a reduced fee (typically a 50% reduction) or no fee at all. Apply for this on form LPA120.
All the above info (and lots more very useful info) is on OPG form LP12.

[gingejbee]

Here's the form LP12 (web version)....

https://www.gov.uk/government/publications/make-a-lasting-power-of-attorney/lp12-make-and-register-your-lasting-power-of-attorney-a-guide-web-version