Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • MSE Jenny
    • By MSE Jenny 13th Dec 11, 12:57 PM
    • 1,218Posts
    • 3,554Thanks
    MSE Jenny
    New power of attorney guide
    • #1
    • 13th Dec 11, 12:57 PM
    New power of attorney guide 13th Dec 11 at 12:57 PM



    Hi, we've written a new Power of Attorney guide to help people plan ahead, and we'd love your feedback.

    If you've set up power of attorney, what are your practical tips? If you're already an attorney for someone else, what advice do you have for others? What else would you add?

    Thanks
    for your help!


    MSE Jenny

    Last edited by MSE Jenny; 21-12-2011 at 2:19 PM.
Page 21
    • nervousnovice
    • By nervousnovice 6th Oct 17, 4:31 PM
    • 29 Posts
    • 6 Thanks
    nervousnovice
    Proving you have LPA
    I have LPA in place and registered, but today the I wanted to change the bank where my Mothers pension is paid, and I was told that the DWP needed to have the LPA registered with them, and this could only be done by me sending the full LPA to DWP. They further added that there was no central register where LPA status could be checked. This sounds bonkers, and I am challenging it, but anyone else had this issue?
    • Primrose
    • By Primrose 6th Oct 17, 5:51 PM
    • 7,878 Posts
    • 26,781 Thanks
    Primrose
    Sorry, can,t answer this question but based on past bitter experience I would only advise never, never EVER put your original P of A document in the post to anybody unless you have at least one certified copy as backup. Preferably, if you have to provide evidence of having p of A send the certified copy rather than the original or ask if they will accept an ordinary photocopy. Institutions are not always careful with these documents, and often return them in the ordinary post rather by registered mail so they can easily go astray.
    Last edited by Primrose; 16-10-2017 at 4:58 PM.
    • badmemory
    • By badmemory 6th Oct 17, 6:17 PM
    • 1,063 Posts
    • 1,134 Thanks
    badmemory
    It's easy. Make an appointment with your local job centre who will copy & sign the copy POA free. Send said copy to DWP. Yes you do need to let them have this along with HMRC. The good thing is that DWP send their copy back, which you can then send to HMRC & they send it back. You can now use this whilst sticking like glue to the original. I assume you can tell - been there, done that, got the T-shirt. If you can't give them the info to tick boxes 1, 2 & 3 then they won't tick box 4.

    This is actually a good thing or who knows what might happen to our more vulnerable family members if someone unscrupulous got hands on their info.

    ETA - I would agree with Primrose - never ever put a POA in the post. I spent a day trekking round banks (never thought I'd be grateful for being on short time) & the POA never got further from me than the closest photocopier. It may only have been 5 years ago but I believe they scan them in now.
    Last edited by badmemory; 06-10-2017 at 6:26 PM.
    • Primrose
    • By Primrose 6th Oct 17, 7:54 PM
    • 7,878 Posts
    • 26,781 Thanks
    Primrose
    And do check, before you leave whichever office you visit, that the copy of the Pof A you get back from their photocopying exercise has the same number of pages as when you handed it over. Sound elementary but only too easy for some careless administrator to forget the last page of the document and leave it in the photocopier or scanner !
    • Mav6215
    • By Mav6215 6th Oct 17, 8:47 PM
    • 76 Posts
    • 54 Thanks
    Mav6215
    I posted a certified copy of my mum's PoA to the DWP and they returned it a few days later.

    I agree with never letting the original out of your sight.
    • Keep pedalling
    • By Keep pedalling 6th Oct 17, 11:01 PM
    • 4,103 Posts
    • 4,466 Thanks
    Keep pedalling
    If a person still has capacity they can certify copies themselves, which is what I got my mum to do straight after her LPA was registered. We already have certified copies of our own LPAs which are held by our children who are also joint attorneys.

    https://www.gov.uk/power-of-attorney/certify
    • badmemory
    • By badmemory 7th Oct 17, 5:41 AM
    • 1,063 Posts
    • 1,134 Thanks
    badmemory
    If a person still has capacity they can certify copies themselves, which is what I got my mum to do straight after her LPA was registered. We already have certified copies of our own LPAs which are held by our children who are also joint attorneys.

    https://www.gov.uk/power-of-attorney/certify
    Originally posted by Keep pedalling
    Never thought of that - I should do that with mine.

    Although I have been surprised by people/companies when dealing with them via a POA. Some seem to like to make life difficult (I won't name & shame as it is 5 yrs ago & hopefully they have seen the light) & some that you expect to be a pain can be really helpful. After all who among us would expect a solicitor's office dealing with the donor's house sale, and needing the POA to do it obviously, nice lowish quote already given & accepted, when copying for their own purposes as required offered to do me a copy. Next thing I know I have another certified copy. Definitely not your standard bloodsucker!
    • sheramber
    • By sheramber 7th Oct 17, 1:43 PM
    • 4,006 Posts
    • 2,973 Thanks
    sheramber
    There is no way LPAs can be amended, but rather like wills you don't need to change details like addresses.
    Originally posted by Keep pedalling
    If the person still has capacity they can change their POA

    You do indeed need to advise a change of address for attorneys- As advised on Office of Public Guardian site


    If your attorney’s details change
    You must write to OPG if one of your attorneys has changed their:

    name - by marriage or deed poll
    address

    You need to provide supporting documents, such as the original marriage certificate, with their new name and address.

    Don’t make changes to your LPA document itself, as it might become invalid. You must contact OPG to make changes to your LPA.
    • Keep pedalling
    • By Keep pedalling 7th Oct 17, 3:25 PM
    • 4,103 Posts
    • 4,466 Thanks
    Keep pedalling
    If the person still has capacity they can change their POA

    You do indeed need to advise a change of address for attorneys- As advised on Office of Public Guardian site


    If your attorney’s details change
    You must write to OPG if one of your attorneys has changed their:

    name - by marriage or deed poll
    address

    You need to provide supporting documents, such as the original marriage certificate, with their new name and address.

    Don’t make changes to your LPA document itself, as it might become invalid. You must contact OPG to make changes to your LPA.
    Originally posted by sheramber
    Thanks for that I was not aware that change of addresses have to be reported back, although quite how that happens if you have already lost capacity I don't know. Apart from addresses you have to reoport the death of an attorney, you can also remove them, but you can't make any other changes such as changing the terms of the LPA or appointing new attorneys, that requires revocation and starting again.
    • nervousnovice
    • By nervousnovice 16th Oct 17, 12:16 PM
    • 29 Posts
    • 6 Thanks
    nervousnovice
    Still can't work out why the DWP can't just check with the OPG who have registered the LPA? Surely that would save lots of time for attorneys/donors/third parties and the various government bodies such as DWP/HMRC etc
    • badmemory
    • By badmemory 16th Oct 17, 4:41 PM
    • 1,063 Posts
    • 1,134 Thanks
    badmemory
    The OPG would have no proof that the donor had actually given the attorney the right to use it or become incapable of managing their affairs. In fact they may have specifically refused. I have a POA but I would be a little cross if someone tried to use it. I always assumed that this is why the POA is returned to the donor after registration and NOT to the attorney. In fact my mother held onto hers until we all (including her) decided it was time to use it.
    Last edited by badmemory; 16-10-2017 at 4:43 PM.
    • sheramber
    • By sheramber 16th Oct 17, 11:46 PM
    • 4,006 Posts
    • 2,973 Thanks
    sheramber
    Thanks for that I was not aware that change of addresses have to be reported back, although quite how that happens if you have already lost capacity I don't know. Apart from addresses you have to reoport the death of an attorney, you can also remove them, but you can't make any other changes such as changing the terms of the LPA or appointing new attorneys, that requires revocation and starting again.
    Originally posted by Keep pedalling
    If you have lost capacity your attorney will be acting and will notify the change in that capacity.
    • MSE Kelvin
    • By MSE Kelvin 4th Dec 17, 12:11 PM
    • 12 Posts
    • 5 Thanks
    MSE Kelvin
    Court of Protection experiences
    Hello there.

    MSE Kelvin with a request here.

    Have you had to try and take charge of another person’s finances when they’ve lost the capacity to make decisions themselves?

    Did you have to do it via the Court of Protection because there was no Lasting Power of Attorney in place?

    If so, we'd like to hear about your experience of this for our Power of Attorney guide, if you're willing to share it. All I'm looking for is a couple of sentences on how long it took, how much it cost and your feelings about the process.

    Thanks for your time and help,

    MSE Kelvin

    Follow MSE on other Social Media:
    MSE Facebook, MSE Twitter, MSE Deals Facebook, MSE Deals Twitter, Forum Twitter, Instagram, Pinterest
    Join the MSE Forum
    Get the Free MoneySavingExpert Money Tips E-mail
    Report inappropriate posts: click the report button
    Point out a rate/product change
    Flag a news story: news@moneysavingexpert.com
    • drjonabmw
    • By drjonabmw 6th Dec 17, 8:23 AM
    • 2 Posts
    • 2 Thanks
    drjonabmw
    Perceived saving of LPA
    I feel slightly miffed by MSE for advertising "Half Price LPA" in the latest (6.12.17) MSE's Money Tips.
    The real cost is £82 in England to do it online. This is unavoidable. The half-price option is the £82 registration fee PLUS half the usual cost of using the Which service. It is only half-price if you were originally going to use Which.
    As Martin usually implies, a bargain is only a bargain if you were already going to buy it.
    My wife and I both used The Office of The Public Guardian website to create both our financial and health LPAs last year and it is easy-peasy. There are plenty of "help" buttons.
    Why spend money that you do not need to spend - surely that is what this website is about?
    • Swwisej
    • By Swwisej 6th Dec 17, 10:46 AM
    • 1 Posts
    • 0 Thanks
    Swwisej
    Am really interested in hearing about creating your own LPA , s , was it really that easy ?
    • badmemory
    • By badmemory 6th Dec 17, 11:44 AM
    • 1,063 Posts
    • 1,134 Thanks
    badmemory
    I found it very straightforward. The notes are good. To me what seemed most important was to make sure that you really really trust your attorney (not your broke brother in law who borrows money & never pays it back!) & try not to be too restrictive in what you will & will not allow them to do. This is to avoid the law of unintended consequences, such as stating that you want your GP to keep them informed, which could mean a hospital might not.
    • Rosie1980
    • By Rosie1980 6th Dec 17, 11:51 AM
    • 111 Posts
    • 47 Thanks
    Rosie1980
    It's very easy to do, have a go online, it doesn't cost anything until you register the LPA. There is lots of help both on the online form and on this forum. And if it proves all too much you can at least go to a solicitor a bit more prepared for what you do and don't want.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

374Posts Today

1,649Users online

Martin's Twitter
  • RT @bearface83: @MartinSLewis check out the @Missguided new 60% off offer. Upping the cost of items almost double to make us think it?s a?

  • RT @efitzpat: Thank you SO SO much @MartinSLewis for your Student Loans refund advice! I just got a grand refunded right before Xmas! Whoop?

  • Have a lovely weekend folks. Don't do anything (fiscally) that I wouldn't do!

  • Follow Martin