POWER OF ATTORNEY

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Foreverly Claret
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POWER OF ATTORNEY

Post by Foreverly Claret » Sat Nov 16, 2019 10:45 pm

Help / Advice needed please.

My sole surviving aunt is 99 now and whilst pretty smart up top she is permanently in the wars with broken bones and in and out of hospital and care homes . She has already made a will but I'm concerned that there might come a time when she can't function sufficiently to make rational decisions about her future , finances etc.etc.

Somebody has suggested to me a Lasting Power of Attorney and I've read a bit about them on the net but I wondered if anyone on here has been through the process and has any tips on costs etc .She's a bit bloody tight so I can't see her stumping up a lot of cash..could my brothers and I pay for it and do we have to prove that she's capable of appointing us etc.etc

ClaretTony
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Re: POWER OF ATTORNEY

Post by ClaretTony » Sat Nov 16, 2019 10:46 pm

Do you have to pay? I’m a power of attorney for a friend of mine. Hope I never have to act on it.

dsr
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Re: POWER OF ATTORNEY

Post by dsr » Sat Nov 16, 2019 10:50 pm

Foreverly Claret wrote:Help / Advice needed please.

My sole surviving aunt is 99 now and whilst pretty smart up top she is permanently in the wars with broken bones and in and out of hospital and care homes . She has already made a will but I'm concerned that there might come a time when she can't function sufficiently to make rational decisions about her future , finances etc.etc.

Somebody has suggested to me a Lasting Power of Attorney and I've read a bit about them on the net but I wondered if anyone on here has been through the process and has any tips on costs etc .She's a bit bloody tight so I can't see her stumping up a lot of cash..could my brothers and I pay for it and do we have to prove that she's capable of appointing us etc.etc
It's in the region of £100 and the government doesn't care who pays.

When you fill in the form, obviously your aunt has to be compos mentis and capable of understanding what it is and why you are doing it and has to agree. There isn't generally any medical tests but you need an independent witness (obviously not anyone named on the attorney form and probably not anyone related to any of the attorneys) to confirm the signature and that she knows what she is signing.

And then you send the form off to the Registrar and it comes back a little while later and it's all done. Then you don't necessarily have to do anything - Aunt can continue managing all her own affairs and you won't be needed unless and until ...; or else you could take over from her if she doesn't want the hassle any more.

What you can't do, though it isn't policed, is make decisions for her that she is competent to make for herself. If she decides on a new carpet, for example, you can't say that isn't appropriate and refuse to pay it. Unless she wants it on the ceiling, in which case you say she isn't being rational!

Has she suggested a power of attorney? It would certainly be best coming from her.
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dsr
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Re: POWER OF ATTORNEY

Post by dsr » Sat Nov 16, 2019 10:51 pm

ClaretTony wrote:Do you have to pay? I’m a power of attorney for a friend of mine. Hope I never have to act on it.
There's a one-off fee to get it registered, but no charges after that.

nil_desperandum
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Re: POWER OF ATTORNEY

Post by nil_desperandum » Sat Nov 16, 2019 10:53 pm

Here you go.
This takes you through the relatively simple online form.
https://www.gov.uk/power-of-attorney/register" onclick="window.open(this.href);return false;
I have joint Power of Attorney for my father and also for an aunt.
It's not a particularly difficult form to fill in, but it takes a few weeks for the process to complete.
(I've just checked, and the current fee is £82)

Grumps
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Re: POWER OF ATTORNEY

Post by Grumps » Sun Nov 17, 2019 7:13 am

Don't go through a solicitor, they charge a fortune, also the doctor might charge for their bit.

TVC15
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Re: POWER OF ATTORNEY

Post by TVC15 » Sun Nov 17, 2019 8:04 am

2 types of power of attorney - a financial affairs and property type one and a health and welfare type one.

If you can navigate the forms yourself - it’s £85 per form to register and takes around 12 weeks to get this officially registered.

I used a solicitor as it’s not as easy as it first seems - but partly that depends on your individual circumstances, who you are trying to register as POA etc. You do have to prove that the person is in a fit enough mental state to agree to it.
Solicitors fees for both are around £500 / £600 with the registration fees on top (these are nothing to do with the solicitors but they will register it for you with the central gov office)

When you get the POA back you still need to do things with them - eg go down to the doctors with an original copy and set up a meeting with the bank or banks (each person who has a POA has to do this for the banks). Every bank has a different process too.

There has been some fraud with POA so things have been tightened up recently - so anyone with an old POA might not recognise the current process and costs. The solicitors fees are pretty standard / similar across the board and if you need a will doing at the same time they are usually open to a bit of negotiation if you are doing a few things at once.

The solicitor I used was excellent - if you go down this route I’d be happy to pass you the details.
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yosserhughes
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Re: POWER OF ATTORNEY

Post by yosserhughes » Sun Nov 17, 2019 8:07 am

My mum went through a solicitor, she wanted me and my sister to be the Power of Attorney and I think it cost £650 a few years ago.

fatboy47
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Re: POWER OF ATTORNEY

Post by fatboy47 » Sun Nov 17, 2019 8:17 am

Grumps wrote:Don't go through a solicitor, they charge a fortune, also the doctor might charge for their bit.

ive been through this process on 3 occasions.....no need whatsoever to pay hundreds to a solicitor for what is a few minutes work.

imo.
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nil_desperandum
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Re: POWER OF ATTORNEY

Post by nil_desperandum » Sun Nov 17, 2019 8:25 am

fatboy47 wrote:ive been through this process on 3 occasions.....no need whatsoever to pay hundreds to a solicitor for what is a few minutes work.

imo.
That is my experience also, although, I guess every application is different and there may be additional complexities in some cases that would be best taking advice.
The one's I've been involved in, (2 for which I have POA, and 2 for which I've signed as a witness), have been v straightforward.

WadingInDeeper
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Re: POWER OF ATTORNEY

Post by WadingInDeeper » Sun Nov 17, 2019 9:00 am

Been through the process once, and found it straighforward. The form was Ok, the only part I nearly struggled with was someone to witness he was able to understand what was happening, this was down to near isolation of my dad due to illness. Fortunately I knew someone who was able to sign professionally, and also knew him personally.

No need for solicitors in my case, I would only go to a solicitor as a last resort.

beddie
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Re: POWER OF ATTORNEY

Post by beddie » Sun Nov 17, 2019 9:18 am

Grumps wrote:Don't go through a solicitor, they charge a fortune, also the doctor might charge for their bit.
I have to disagree. There are a number of areas that are not always identified doing it on your own and therefore a good lawyer will cover every angle for you and of course explain any concerns you may have. It might be worth ringing round as some offer free first interview which will then go into the depths of it and of course the all important costs. It's often worth spending a little money in order to get the correct advice and of course adequate protection for all concerned,

Stproc
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Re: POWER OF ATTORNEY

Post by Stproc » Sun Nov 17, 2019 9:20 am

Once you have the forms you will need to take it to her bank(s) and doctors, etc And register the form with them. You will then have the PoA. Don’t know if it’s mentioned above but there are 2 types of PoA, health and finance, get them both. There are exemptions for the initial payments if you can meet the terms.

Stproc
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Re: POWER OF ATTORNEY

Post by Stproc » Sun Nov 17, 2019 9:21 am

Oh, and you do not and should not use a solicitor, they will charge £100s for a very simple process.

Grumps
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Re: POWER OF ATTORNEY

Post by Grumps » Sun Nov 17, 2019 9:24 am

beddie wrote:I have to disagree. There are a number of areas that are not always identified doing it on your own and therefore a good lawyer will cover every angle for you and of course explain any concerns you may have. It might be worth ringing round as some offer free first interview which will then go into the depths of it and of course the all important costs. It's often worth spending a little money in order to get the correct advice and of course adequate protection for all concerned,
My experience is the same as those on here who have been charged 6 or 7 hundred pound.
There are plenty of organisations who will advise for free, just search for them, ageuk, or any of the dementia charities offer the service as I think do citizens advice, certainly plenty out there to avoid lining the solicitors pockets

bfcjg
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Re: POWER OF ATTORNEY

Post by bfcjg » Sun Nov 17, 2019 9:50 am

Easy to do it yourself as has been mentioned on here and the official site is so helpful. Remember though that when the person dies so does the power of attorney so if you have to get money out for funerals or other issues better sooner then later.

Acting Claret
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Re: POWER OF ATTORNEY

Post by Acting Claret » Sun Nov 17, 2019 10:11 am

If you wait until she’s lost her marbles then it’ll be the court of protection and from my experience a decade ago the money will just go in fees. I had an experience where they charged me £35 to sanction buying my uncle a pair of socks and undies.

Awayfromburnley
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Re: POWER OF ATTORNEY

Post by Awayfromburnley » Sun Nov 17, 2019 10:24 am

Be careful here, you could all be assisting a scam to knock off his Aunt!
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