Has anyone arranged one lately?
Can one 'do' one's own or is it a Solicitor job?
How much?
Thanks in advance.........MD
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www.gov.uk/power-of-attorney
Covers the cost etc.
I'd do it myself but YMMV.
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Did ours myself a couple of years back, there's 2 each IIRC, health and wealth and I think the cost was around £ (probably each). Certainly was fairly straightforward and not worth paying someone to do it.
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My wife and her sister set up one in England, for her dad, without a solicitor, about three years ago. I wasn’t involved directly despite the fact that she hates forms, finances and the like and usually enlists my help on such matters. I take it therefore it was pretty straightforward.
The one Scotland with my brother for our mum was done several years ago via a solicitor. However that was because he was a family friend. The final document seems pretty straightforward behind all the legalese.
I mention both nations because there are differences. My wife’s one seems to allow the holder to quote a reference number to a bank for example when it’s issued while in Scotland they need to see the documents. This might be simply because the Scottish one is a bit old and maybe now the two systems are more alike.
A couple of overarching points are worth mentioning. If you set up the PoA with another attorney you need to decide if you will each want to be able to act jointly or individually. In our cases one can act alone which makes it a lot easier rather than having to get two signatures on everything. Also you will wish to consider if it’s just money or health/welfare. Again we have both covered in our PoAs. Reading my mum’s one last week it really is sobering. We can control not only her money but where she lives, her treatment, sale of her house even what organised activities she takes up.
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Very easy to do yourself.My late wife and I set ours up several years ago and saved a grand on solicitors fees.
As per above, two types , costs around £80 each.
20 page form but no hidden nasties.
I have just helped my neighbours in their 80's to set theirs up and signed for them as a trusted advisor, basically to confirm that they are not being coerced and are of sound mind.
You will need witnesses to your signature and they must be present when you sign.
Last edited by: helicopter on Mon 27 Mar 23 at 15:55
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I've just done one for myself. Posted the completed application forms on 14th October last year, got the registered LPA yesterday. Speedy service - not.
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And once you have the POA get a few certified copies.
For my mum , who sadly now has Alzheimer’s, I registered the POA with everyone she deals with...utilities, Banks, building society, her private pension provider, insurer etc etc.
Makes things so much easier for when the inevitable happens, and before.
I speak from experience having been an executor for my late Aunt.
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I did one six years ago for an elderly relative. As LL says, get a few certified copies - probably one for every two institutions you're likely to have to deal with.
The biggest problem I found was speaking to junior bank / ins co staff who didn't know what an LPA was or what it meant. A polite request to speak to someone higher up the chain can save a lot of stress when this happens, as frustrating as it is to have to ask every time one contacts them.
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Too true.
Now prepared. Like Boy Scouts
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My wife & I are both in our late 70s - we are both well switched on in most matters and well versed in looking after each other & financially.
However, if either of us develops dementia or one of us dies we both know to get a LPA.
The problem is not to offend the 3 sons - local, Aberdeen & Texas.
We cannot have a committee of 3 making small, but important decisions, but equally just having the local son handling everything would make 2 of them left out!
The local son is the eldest and the twins always feel, and have felt, that he always got more care, attention fuss etc about him and his family than they got or currently get. It's untrue in most cases but we see him once or twice a week as against once every month/6 weeks or if we are lucky annually.
My Aberdeen son runs much of his twin's UK financial affairs quite easily , full trust (as there is with all of us) and as identical twins, they can pass for each other - no need for LPA!
As newly graduated the twins lived together in an Aberdeen flat for 2 years - the ground floor neighbour did not realise there were 2 of them just that they thought he had 2 cars a "good social life" - 1 x blonde, 1 x dark haired!
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Once you have dementia it makes it more complicated to get a PoA. It’s much easier when you have capacity. Also PoA can be written to allow individual action. It doesn’t need the committee to agree.
The ones we have for my mum and father in law are designed to allow whoever is best placed to act to do so.
Following my own advice we are going to arrange PoA although we are only in our 60’s.
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>>It doesn't need the committee to agree.
That's my problem - give access rights to local / eldest son and leaving the other 2 excluded is the tricky bit and a show of hands for a "big decision" might be a good idea!
We are jointly worth a fairly substantial amount on top of house etc etc achieved over decades and that is the problem of access to just one - he would not misuse our money but having all 3 with access is not the best either.
The Bank of M&D has worked for decades - no student debts on graduation, house deposits, lawyer's fees, house extensions, bridging loans - Bank of M&D isnot in business now.
A new Bank of Grandpa & Grandma might be needed in the next few years - the elder grandkids are looking ahead!
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We're setting ours up so that either one of the two can sign. That's for convenience. We have asked that they cooperate and agree what they will do should it be necessary.
I suppose it's possible that they might fail to agree but I doubt if they will fall out.
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Sounds like a great family and that they will sort it out amicably.
Just to share my experience, my wife is one of three sisters and they just discuss any major issues and share out the tasks as and when. With me and my brother he does the hands on as he is local. I do anything that can be done remotely such as the research into anything that needs it and work out the finances. It’s not equal because of the geographic aspect but making everything formally subject to joint authority would put another practical obstacle in our way.
Like you we do have an eye on helping out the next generations and are taking soundings from our financial advisor before revamping our wills while we do the PoA.
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>> Once you have dementia it makes it more complicated to get a PoA. It’s much
>> easier when you have capacity.
In England (FB I understand is in Scotland) then you need to be in a state to understand what you are doing when appointing an Attorney. You may still have that level of capacity after a diagnosis of dementia but then again you may not. Fluctuating capacity is another complication.
Not a problem for most people but having worked in the field in the past arguments over whether a (then) Enduring Power of Attorney was validly given was a massive thing between sqaubblesome siblings.
If there's even significant doubt about capacity then, again this is England, then I suspect professional advice would be that you'd need to go through a full Court of Protection process to appoint what we used to call a Receiver.
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Lasting Power of Attorney - Bromptonaut
