New power of attorney guide
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I've had 3 mini strokes in the last year. I'm only 33 and hopefully I won't go onto develop a majorly life affecting stoke however getting a Power of Attorney is something that I have been considering as I am statistically more likely to have a big Stroke.
Being only 33 I may not need the Power of Attorney to come into action for 50 years+ or something could happen in 6 months. Is it worth getting a Power of Attorney now or would I just be wasting money?
Also I am extremely claustrophobic and I have always been able to tell Dr's that I am afraid but if I have a Stroke and I may not be able to communicate but as far as I can tell most people are aware of what is happening. Will a 'health' Power of Attorney give my representative the opportunity to explain my fears to the Dr and be listened to. If not how else might I achieve this?0 -
katykitten wrote: »i thought i had set up a power of attorney before it all became much more complicated a few years ago but now im being told its not a valid document as its not signed by a solicitor just by my two sisters, is this correct?
Did you create an Enduring Power of Attorney?
The hint is in the name?
You might have created it incorrectly - I was able to buy a form (£0.75) that was both Power of Attorney and Enduring Power of Attorney for my mother to sign and have witnessed by a nurse.
At the same time my sister and I signed it too.
We certainly did not use a solicitor or "notary" and have to swear the document. (That would have come later - see below).
Who is trying to say that the old system powers of attorney are somehow now invalid ?
Point out to them that you are a very patient fraudster and have been waiting years to commit your fraud !
I once spent all Saturday morning opening an administrator's account, only for the idiot who ran that building society office to come in on the Monday morning and try to tell me that "I must have a grant of probate" as the document embossed & plastered with the "High Court of England" was not acceptable.
[Letters of administration is what 8 out of 10 people create when they die, because they have not bothered to make a will.]
There are a lot of poorly trained idiots out there, I am afraid you are likely to come up against similar problems - it is sometimes easier to work your way round them, rather than go to all the effort of trying to educate them.
To become effective (in theory;)) the Enduring Power of Attorney must be registered with the court, when its donor "loses capacity" [This used to be called "no longer compos mentis" by lawyers and ga ga or doolally by the rest of us]
http://www.ramcjournal.com/2006/jun06/martin.pdf0 -
On the basis of your advice, and of as sound mind as I'm ever likely to be, I decided I really owe it to my family to apply now for registration of an LPA in the capacity of donor.
I duly downloaded copies of LPA001 and LPA002 as the implication was that these were the appropriate forms required in order to proceed. I didn't think it was made at all clear but I worked out that I also needed to acquire the original LPA as a separate form - 2 of them, in fact, if I wanted to register both types of power. Eventually I found a link through which I believe/hope, but am far from certain, that I have successfully ordered the original LPAs and am informed I will receive them within the coming 2 weeks. So much for getting on with the application right now!
I already have some legal training - however, this doesn't seem to be the straightforward process that I expected it to be after reading your article and I'm tempted to abandon this project as possibly more hassle than it's worth!
I'm reading online that some applicants have had their forms rejected by the OPG on the basis of what they state to be only very minor errors (though I realise that on account of this being a powerful legal document they may well be wrong in this judgement) meaning that they've had to begin the whole process over again and pay a further registration fee and that indeed this can happen over and over.
I also read that some solicitors acting for parties to LPAs are not managing to get the applications in correctly and some clients have heard nothing after almost a year has passed since their application was submitted to the OPG. Does the requirement for a fresh fee to accompany a second try for successful registration with the OPG have anything to do with situations such as these?
I have to say that I move forward in this venture not entirely filled with confidence in the fact that this is going to be £260 well-spent and wondering to what degree I'm at risk of entering headlong into something of an endlessly frustrating nightmare saga!0 -
I had hassle for 3 months then the donor died.
My wife's cousin had no significant problems or undue delay.
The difference might be that the later donor was still self evidently compos mentis and able to answer any query letters promptly.0 -
I'm encouraged! I may still go ahead with this - but another issue is that if/when the time comes for my attorney to use the power, it's sadly the case that the majority of those who would be dealing with her in their various positions of authority in the world of finance just aren't going to have a sufficient knowledge of lasting powers of attorney to recognise the authority that this particular document confers and will give her huge hassles and delays in her exercise of the power.
I've discussed the whole issue with with my proposed attorney over the past weekend and although she's perfectly willing to act in this capacity if I wish it, she's of the opinion that it's likely to be just not worth the bother. However - it could be that she considers it indelicate to appear too keen and so I shall make the final decision on my own.
I do believe in doing anything I can that may make things easier for my family to cope in any event of my loss of the ability in my final years to take care of my own affairs.0 -
Hi
I act as (Enduring) POA for my brother (mentally handicapped from birth) and for my sister (mentally OK but physically trashed by MS) Both are in their 40s, and both needing help with care and social services as well as finances. Although the people I have to deal with are often ignorant about the POA in the end it is the only authority I have to make things happen, and it is better than nothing! I would not rely on any ad hoc set up because you will eventually come unstuck (and rightly so, these things are set up to protect the vulnerable). If you have someone you trust then PLEASE set one up - if not you will be making their lives so much more difficult if they need to sort things out for you.
While you are doing it, if there is a possible second person to add then do that too at the same time. My mother used to be my brother's POA, but now in her 80s she cant cope, luckily I was named too. We are now facing the task of drawing up new ones to add the next generation just in case something happens to me....
Hope this helps...0 -
Does anyone know if there are any agencies / charities that would help you and fill out the POA forms? Preferably for free / as little cost as possible as we need to do 3 separate ones but can't afford the solicitors fees."Things can only get better.................c/o D:Ream #The 90's
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Today I received the Lasting Power of Attorney pack. It contains all the forms I will need and also 2 Guidance Booklets - one for LPA for property and financial affairs and the other for LPA for health and welfare. Both guidance booklets have an instruction on the front to read the booklet and then if you still have questions to make a list and then call their helpline. Someone on this thread has said how helpful they were in their case. They were certainly not slow in getting this pack to me so they've earned one brownie point as far as I'm concerned!
OnAndUp - this pack was free and you can order it online. Why not order a pack, give it a go yourselves and use the helpline to sort out the parts you perhaps don't understand? At the time of ordering I was required to state whether I would be applying as the Donor (the person giving the power) or as the Attorney (the person receiving the power).
To start off, for me as the Donor, I need at least one Certificate Provider, at least one 'person to be told' or a second Certificate Provider and at least one witness. So while you're waiting for your pack to arrive you can sort out who might play those roles in your case and make sure that they're willing to act for you. As you're applying in the capacity of Attorney rather than Donor, I don't know whether this is the exact requirement for you - but you'll certainly need people to take on these roles for you.
Certainly we have to put a fair amount of work and thought into these applications - but I do think it's possible for the average person to get their head around this process.
I shan't begin to fill in any form until I've thoroughly read the guidance booklets supplied.0 -
Ropewalk - sadly, as things currently stand, I have only one person in my life that I would trust with my affairs - but I fully agree with you that it really is advisable to include a second Attorney in the application and to give thought to making it clear that each of them may act 'jointly and severally' on the donor's behalf. Then if something happens to one of them, the other can act alone.
If the donor decides to state that they may only act jointly in all the donor's affairs, then, should anything happen to one of the attorneys, the Power becomes invalid.
If you're in the fortunate position of having 3 trusted persons willing to take on the role of your Attorney then you can also appoint a Replacement Attorney so that you are maximising the future validity of your LPA.
The Donor should be aware that someone appointed to act as Attorney can change their mind after the Power has been registered. This has the same effect on the validity of the Power as it would if that Attorney had died.0 -
I am in the proocess of filling in the forms for LPA for an elderly relative. I have been third party signiture on their bank account for the last 5 years. They are now living in a nursing home , and I have communicated with them over the necessity of filling in paperwork to ensure I can act in their best interest. The person is profoundly deaf and in the early stages of dementia. It seems from reading the paperwork that actually people can be a way down the road of dementia before they are considered incapable of signing the LPA .
We spoke to a finacial advisor some time ago who advised that as living expenses were less than income by a reasonable amount that a regular monthly sum could legally and tax -less -ly be transfered say 1500.00 per month.
The situation has now changed and the nursing home fees are best part of 1000.00 a week . If the previous arrangement continued it would be using capital from investments so what then is the tax position is it still OK to continue?
I spoke to the OPG and was advised as long as the donor's wished were clear on the form that would be OK , but I am not sure wether it is OK from a Tax / inheritance tax position?
Can anyone offer help ?0
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