Donate SIGN UP

Legal Advice

Avatar Image
Ric.ror | 17:03 Tue 25th Jul 2017 | ChatterBank
15 Answers
Last Monday a solicitor visited my mother to advise her about granting me POA. I've heard nothing since so called and left a message yesterday evening and also today. As yet I've not heard anything again. I feel this is shoddy treatment and want to go to another solicitor or even contact Age Concern
Would that be appropriate? The solicitor was charging over £1,000 for both types of award
Gravatar

Answers

1 to 15 of 15rss feed

Best Answer

No best answer has yet been selected by Ric.ror. Once a best answer has been selected, it will be shown here.

For more on marking an answer as the "Best Answer", please visit our FAQ.
Just do it yourself. It's easy enough. If you use the printed forms there are guidance notes with them to explain the procedure. If you do it online there's help all the way. It costs £82 to register each LPA.

See here
https://www.gov.uk/power-of-attorney
and here
http://www.ageuk.org.uk/money-matters/legal-issues/powers-of-attorney/

[Pedantic note: Age Concern hasn't existed since the charity merged with Help the Aged, 8 years ago, to form Age UK]
Question Author
Now I knew one of them didn't exist
I guess I picked the wrong one
The reason I want a solicitor involved is because I want it all done and dusted as soon as possible
I thought by doing it myself I have to all sorts of other people involved witnesses and so forth.
Surely your mother is the client rather than you?
Question Author
Yes she is but as she is housebound it's me that's got to organise it all
Getting witnesses shouldn't be a problem. They're only witnessing that they've seen your mother, and you, sign the forms. They don't even need to know what the forms are about. (Anyone over 18 can do the job, except that you can't witness your mother's signature). As an analogy, the witnesses to my will were just two people I happened to be working with that day, who provided their signatures in a Tesco car park.

You'll also need a 'certificate provider' who is simply someone who can confirm that your mother freely consents to the LPA and that she understands what she's doing. That could be, for example,a health professional or simply another member of your family.
Ric.....you've had good advice here that I can't add to...but...

I wouldn't really trust a solicitor who is so shoddy in his replies at this stage.......x
Question Author
Okay so I want two lasting POA's one for financial matters and the other for welfare
Is that correct?
Once I've got them there are no time restrictions on them either are there
Question Author
BTW - the solicitor is the same firm that drafted her will - that's why I choose them
>>> Okay so I want two lasting POA's one for financial matters and the other for welfare
Is that correct?

Some people might want to only grant LPAs in respect of one thing or the other (that's why there are two separate types) but most people usually go for both. [It's entirely up to your mother]

>>> Once I've got them there are no time restrictions on them either are there

No but LPAs automatically lapse upon the death of the person who granted them. So it's important that your mother leaves a will (as the LPAs won't give any power over her estate after her death).
>>> the solicitor is the same firm that drafted her will

I hope that the solicitor didn't persuade your mother to name him/her as an executor of her will. That will cost you (and/or the other beneficiaries of the will) a LOT of money!
As you are not the client perhaps the solicitor is only going to keep your mum (the client) informed. Has she heard from him? What was the outcome of their initial meeting/conversation and were any timescales / plans agreed?
Question Author
I'm the sole beneficiary in the will and the only assets she has is her ex council flat that I currently live in
As she is 89 and has just been diagnosed with dementia I have been advised by all the health and social daycare practitioners I come into contact with that it's best to get them in place sooner rather than leaving it any later
Please, Ric...listen to Chris...don't let the solicitor be an executor....x
Yes, but you are not the client. Has the solicitor agreed anything with your mum.
If she already has dementia I'm not sure whether that makes things more difficult - i'm not sure how an assessment is made as to whether she is legally seen as being in a postion to authorise POA
There are certain rules and forms for dementia patients. Ensure you have the correct form.

1 to 15 of 15rss feed

Do you know the answer?

Legal Advice

Answer Question >>