New power of attorney guide

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  • shaun12uk
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    I SORTED OUT MY LASTING (ENDURING) POWER OF ATTORNEY FORM YEARS AGO, ENSURING THAT MY DAUGHTER COULD DEAL WITH MY AFFAIRS WHEN I LOSE THE PLOT. THERE WAS NO FEE INVOLVED, THE FORM WAS DULY SIGNED AND WITNESSED AND THE FORM IS FILED AWAY WITH MY WILL.

    WHAT I NEED TO KNOW IS WHETHER THIS STILL STANDS LEGALLY SINCE THE CHANGE OF FORMAT OF LPAs. CAN ANYBODY HELP?
    Yes it is valid but cannot be used until it is registered this costs £110 and technically only done when u lose capacity!
  • trust_treasurer
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    I am a carer of two sons and appointee for a third who all have disabilities and lack mental capacity. We have arranged any money or property we own to be put into a discretionary trust when we die and for our solicitors to act as Trustees as we have no family to do this (or family we trust). What happens if we are alive but lack mental capacity? This can happen if we have an accident, a stroke or dementia when we cannot do our finances etc and we are not dead so we cannot then give permission to anyone to give our money to our children if they need it.

    What do we do ?

    How do we make arrangements for someone to look after our finances (and us), and give any money needed to top up our sons' income before we are unable to do it ? Of course it may not happen but it could do.
  • spikysaver
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    A relative is in a nursing home and unable to communicate at all. Her son is having marriage troubles. If she was able she would most likely help him financially, but I am LPA and have been advised that I cannot do so on her behalf. Is that correct?
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    spikysaver wrote: »
    A relative is in a nursing home and unable to communicate at all. Her son is having marriage troubles. If she was able she would most likely help him financially, but I am LPA and have been advised that I cannot do so on her behalf. Is that correct?

    Yes. You have to act in the mother's best interest, not her son's.
  • vigman
    vigman Posts: 1,377 Forumite
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    My wife is 61 and has retired but is not receiving a work or state pension. She is therefore earning below the £12,000 limit for half price fees for the LPAs.

    I rang to ask if we pay the full fee with registration and expect a refund or just pay the reduced fee.

    They operator seemed surprised that she lived on my pension and kept asking how I could prove this. Their blurb just says to write a covering letter explaining how you provide for your daily living.

    Hard to provide evidence she is NOT getting a pension or other income which the operator seemed insistent she must?

    She also advised to pay the full fee and hope for a refund in situations which sound 'dodgy'

    Any advice on how to approach this, please?

    TIA

    Vigman
    Any information given in my posts or replies is intended to be of interest and/or help to members of the forum. I cannot guarantee that this is accurate or up to date.
  • Rosie1980
    Rosie1980 Posts: 149 Forumite
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    vigman wrote: »
    My wife is 61 and has retired but is not receiving a work or state pension. She is therefore earning below the £12,000 limit for half price fees for the LPAs.

    I rang to ask if we pay the full fee with registration and expect a refund or just pay the reduced fee.

    They operator seemed surprised that she lived on my pension and kept asking how I could prove this. Their blurb just says to write a covering letter explaining how you provide for your daily living.

    Hard to provide evidence she is NOT getting a pension or other income which the operator seemed insistent she must?

    She also advised to pay the full fee and hope for a refund in situations which sound 'dodgy'

    Any advice on how to approach this, please?

    TIA

    Vigman

    Looking at page 2 of this https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/245523/LPA120_Fees_exemptions_remissions.pdf

    It looks like you supply as much evidence as you can so annual interest statement from savings, tax return if she completed one or a letter stating how she supports herself. You can appeal the decision if they reject it.
  • shaun12uk
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    You need power of attorney for yourselves, if u r unable to act as trustees then the solicitors can act as trustees. Furthermore they could also make court of protection applications if required to deal with the children's finances.
  • Eilagoss
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    I was wondering if you knew about doing an LPA over the phone. I have been on the net and there is a company that will fill in all the forms for you for a very reasonable fee and send them back to you for signing. I this something that people have done and is a good idea please?
  • Rosie1980
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    I have never used the phone option but you can do it online really easily for nothing, apart from the cost of registering your PoA which you have to pay regardless. I doubt the internet option would take you any longer than the phone.
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    Eilagoss wrote: »
    I was wondering if you knew about doing an LPA over the phone. I have been on the net and there is a company that will fill in all the forms for you for a very reasonable fee and send them back to you for signing. I this something that people have done and is a good idea please?

    Sounds like one of those companies who will charge you for something you can do yourself for free.

    What's the website you've seen?
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