Non-motoring > Power of Attorney Legal Questions
Thread Author: legacylad Replies: 17

 Power of Attorney - legacylad
Possibly covered before...I registered lasting P of A for property and financial affairs re old Mum in July 2018.
We now agree that I should register a Health and Welfare Attorney before her mental faculties deteriorate too far. She continues to live independently in her own home but is becoming increasingly forgetful.

Has anyone any experience of this please....surely it must be more complicated than downloading a few forms, her signing them, getting it witnessed by a relevant person, and sending off with payment of £82 ?
 Power of Attorney - Haywain
Did you set up the the one for 'property and financial affairs' yourself? If so, from what I've seen, the 'health and welfare' one is similar and will take a similar amount of time and effort to do.

If your Mum is becoming 'forgetful', start it sooner rather than later - by the time we'd got to thinking about LPA for my father, it was too late.
 Power of Attorney - Bromptonaut
>> Has anyone any experience of this please....surely it must be more complicated than downloading a
>> few forms, her signing them, getting it witnessed by a relevant person, and sending off
>> with payment of £82 ?

No personal experience but I've worked in a similar area in the past and probably still know a few people who handle this stuff.

I honestly don't think, provided there's no prospect of family disagreement over the document or your suitability as attorney, that there's much more to it than you suggest.

I'm sure there are plenty of solicitors willing to do the work for you at £££/hour if you need help.
 Power of Attorney - Crankcase
We should have done it like that, but for my mum we wanted as a family to be certain it was ok. Unnecessary, but we used her solicitor.

It was painless in terms of the forms and process therefore, as the solicitor just said "sign here", but perhaps because there are four attorneys it was about £1000 in fees, which was a bit ouchy, though that covered financial and health as well.

I would say though that when we came to use the things, institutions want either the original or a certified copy. Being unwilling to send the original in the post, it was easy to get the solicitor to produce a certified copy as they knew all about it and had the paperwork. I think they charged £30 for that, and I've used it three or four times.

So that's the top end of what you might pay I guess.
 Power of Attorney - legacylad
Back in 2018 I did a deal with my solicitor, whom I know. Probably not ‘mates rates’, but she prepared new wills for both myself and old mum, in addition to the financial P of A. I’ll have the invoice somewhere, but suspect it was a four figure sum for the three lots of paperwork.

My will, the first of which I made in my 20’s with regular updates, was relatively straightforward. My mother’s could be construed, in part, to be quite contentious, so the two of them spent time privately discussing possible future ramifications and notes were duly prepared with explanations as to why, should it be contested. Fore warned and all that.

I was also given sound advice as to apportionment of my estate for when I croak.

I contacted my solicitor this AM..quick reply was that to prepare the Health P of A would cost me £450 inc vat, plus the £82 fee. I’ll probably do it myself.
 Power of Attorney - helicopter
It is really as simple as you say .

When my late wife and I were updating our wills a couple of years ago we investigated both powers of attorney for each of us and it saved hundreds of pounds over the cost quoted by our solicitor by doing it ourselves. Takes a little time but not complicated.

As others have said, the sooner you can get one in place,the better.
 Power of Attorney - smokie
Yes it was simple. I had no income when I did it and it got me a reduced rate. Not sure what the threshold is though.
 Power of Attorney - Zero
Did it for my mum, it really was very simple, and the prices charged by solicitors for such services is outrageous.
 Power of Attorney - R.P.
Do it. We're now in a position whereby we have the financial and property on my father's affairs. Events have overtaken us, mainly due to a sudden deterioration in my father's health and with retrospect we should have gone for both elements. This has become quite complex as one consultant says he hasn't got capacity and another says he has. It really has been a nightmare.
 Power of Attorney - R.P.
I'm trying to encourage Mrs RP that we should be considering doing ours. Having the Financial element in place has made his care needs and ongoing property issues a lot easier..example is my sister has secured annual funding for part of his care as she completed and signed the forms, try doing that when a care home is under "lockdown" and you need a signature.
 Power of Attorney - Crankcase
I keep saying to Mrs C she and her sister should do it for their 85 year old mum. They both keep saying yes, good idea, and then nothing happens.

I've resigned myself to it not happening but don't know whether I will be harsh enough to opt out of helping if problems arise. Tricky.
 Power of Attorney - Zero
You mean ITYS wont work?
 Power of Attorney - Crankcase
>>You mean ITYS wont work?

It'll work in the sense of extreme feminine grumptitude and probably wailings.
Last edited by: Crankcase on Mon 22 Mar 21 at 17:27
 Power of Attorney - R.P.
It relieves an awful lot of stress. Even to the extent of buying "consumables" and even a TV for my father's room at the home where he now lives.
 Power of Attorney - smokie
We did ours a two or three years ago, both health and wealth. Not even 667 yet. I don't see why you wouldn't, apart from maybe a taboo with having to think about your own demise.
 Power of Attorney - Mapmaker
It is as easy as paying £82 and doing it online.

No need for a solicitor; you can't go wrong (and if you do, they'll send the form back... or rather, the internet will likely bounce it before you reach the printing point).

Where it's non contentious, i.e. you don't have three siblings who are going to argue over her treatement then theoretically you don't need a POA.

HOWEVER, the numpties in the various arms of the state - social services, hospitals etc. - don't understand this. They know of the theory of the existence of a form and therefore demand it.

This caused me no end of problem with my mother - the GP having (correctly) advised there was no point in it.

 Power of Attorney - legacylad
Did so a few weeks ago.
I contacted the ‘Office of the Public Guardian’ requesting hard copy forms. They duly arrived, read and digested with my bruv, we decided on the relevant stuff to tick, even got a retired solicitor friend to discuss with my old mum that it wasn’t being done under duress, signed, sealed, posted with an £82 cheque.
Probably a day’s work between us, inc getting witnesses to sign where necessary. Now awaiting the relevant confirmation that all is in order.
 Power of Attorney - legacylad
Final update
Having received a paper copy, my bruv and I read it a number of times, agreed upon the answers to the questions, had signatures witnessed where necessary and posted off late April.
My old mum has just received a letter giving her 3 weeks to object ( she won’t) so wheels are turning slowly.
The applicants ( myself and bruv) should have the registered LPA by late July....given the downward spiral of her mental faculties in recent months it’s something less to worry about.
Thanks for responses.
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