Non-motoring > Power of Attorney. Legal Questions
Thread Author: Roger. Replies: 11
View Threaded 

New Tue 23 Jan 18 17:03 
 Power of Attorney. - Roger.
I'm researching Powers of Attorney, both financial and health.
I'm looking at the gov.uk site where one can either complete these online, or download for completion by hand.
We only need simple LPAs, one each for health and one each for finance.
Has anyone used the service and are there any tips?
I note that the forms have to be signed, by an independent person, to attest that the grantors are not doolally-tap at the time of signing.
Apart from one's GP, who else is likely to be acceptable?
(Our GP (naturally enough) charges for such a service - £82 each and I'd rather not pay if there is an alternative).
Thoughts?
Reply to this message | Report message
       
New Tue 23 Jan 18 17:10 
 Power of Attorney. - Falkirk Bairn
A Solicitor but he will charges several times £82 - friend of a friend paid a solicitor some £800+VAT for Power of Attorney for a couple!

They were surprised to find out they can fill in the forms & pay a modest fee to the Govt Office - Scottish Office is only a mile or so from me & I know a chap that works there.
Reply to this message | Report message
       
New Tue 23 Jan 18 17:15 
 Power of Attorney. - rtj70
There's no such thing as simple LPAs. They're all simple to setup.

We did it online. You fill in the forms and then you print them off to get them signed by the donor/witness and then attorneys/witness. We had the same witness for all signatures but you don't have to. It looks neater than doing by hand. And the LPAs when registered, the signed documents are sent back as your proof.

We used a neighbour of my father in law as the witness to his signature to check that he knew what he was signing, and why. They happened to be a retired surgeon but that was because she's the one that's known him well over the years.

When you post them off, it then takes a few weeks before they are registered so people have time to question it. They send letters to inform the donor, attorneys and whoever else you specified.

You can pay online and then they tally up the payment with the applications. Or you can say you'll post a cheque. The cost is £82 per LPA. So in your case that's going to be 4 x £82.
Reply to this message | Report message
       
New Tue 23 Jan 18 17:15 
 Power of Attorney. - Hard Cheese
My understanding is that any independent person can witness the applicant's signature.

As an aside, strangely the executors can witness each other's signatures it seems.
Reply to this message | Report message
       
New Tue 23 Jan 18 17:18 
 Power of Attorney. - rtj70
>> As an aside, strangely the executors can witness each other's signatures it seems.

The attorneys can indeed witness each other.

If you have more than one attorney then make sure you say they can make decisions 'jointly and severally' otherwise they all need to be in agreement (present?) when you actually try to do anything.
Reply to this message | Report message
       
New Tue 23 Jan 18 17:32 
 Power of Attorney. - Bromptonaut
The guidance notes are here:

tinyurl.com/yaatgu7y (pdf on gov website)

Page 38 on tell you all you need to know. Doesn't have to be a professional. However if there's the slightest hint of any family conflict or either you or your wife already have some memory loss or similar getting a doctor to do it would be highly recommended.

The guide also lists those who cannot do it. The certificate provider is not the same thing as the witness to your signature. It's advised they have a private conversation with you to ensure you're not benig co-erced and understand what you're doing.

The OPG helpline is available if you need more guidance.

Last edited by: Bromptonaut on Tue 23 Jan 18 at 17:36
Reply to this message | Report message
       
New Tue 23 Jan 18 17:38 
 Power of Attorney. - Bromptonaut
More here:

www.citizensadvice.org.uk/family/looking-after-people/managing-affairs-for-someone-else/#h-lasting-power-of-attorney

www.ageuk.org.uk/information-advice/money-legal/legal-issues/power-of-attorney/
Reply to this message | Report message
       
New Tue 23 Jan 18 17:53 
 Power of Attorney. - Zero
Did it myself for my mum, simple to set up and register no need to seek out or pay for professional witnesses, I didnt - one was a friend of the family and one her ex employer.

Once granted you need then of course to present them and register them to those who need to know and act upon them. (banks, doctors etc) Better done now than later - both of you might go gaga at the same time.
Reply to this message | Report message
       
New Tue 23 Jan 18 18:11 
 Power of Attorney. - madf
I witnessed POA for neighbours (who were in 80s..Just as a house resident.
No problems .. if I am acceptable , anyone will be :-)
Reply to this message | Report message
       
New Tue 23 Jan 18 18:30 
 Power of Attorney. - Bromptonaut
How long ago? The old Enduring Power of Attorney was rather too simple and was all too often abused. It was replaced by a Lasting Power of Attorney which initially went to opposite extreme of absurd bureaucratic complexity but has since been simplified.

AIUI Roger's inquiry relates not to witnessing signatures but to the 'Certificate Provider' whos role is as follows:

an impartial person
who confirms that you understand what
you're doing and that nobody is forcing you
to make an LPA. They must confirm that:
• you understand the significance of
the LPA
• you have not been put under pressure
to make it
• there has been no fraud involved in
making the LPA
• there is no other reason for concern


Like a passport counter signatory it needs to be more than a man off the street.
Last edited by: Bromptonaut on Tue 23 Jan 18 at 18:31
Reply to this message | Report message
       
New Tue 23 Jan 18 19:12 
 Power of Attorney. - Lygonos
No doubt a bit different than up here but the witnesses to the signatures can NOT be the possible attorneys, but can be the certificate provider.

My practice charges £90.

I don't charge more for married couples as long as I can do them at the same time.
Reply to this message | Report message
       
New Tue 23 Jan 18 19:26 
 Power of Attorney. - rtj70
>> Like a passport counter signatory it needs to be more than a man off the street.

We went with the neighbour because (a) she's known him for ages (20 years?), (b) she was as surgeon.
Reply to this message | Report message
       
Latest Forum Posts