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  • FIRST POST
    • Peco141
    • By Peco141 27th Jul 17, 12:13 PM
    • 258Posts
    • 18Thanks
    Peco141
    POA for mum in Scotland
    • #1
    • 27th Jul 17, 12:13 PM
    POA for mum in Scotland 27th Jul 17 at 12:13 PM
    My mum has cancer and has had a stroke. She is home but wheelchair bound with limited mobility.

    How do we go about getting a POA in place when she cannot travel to a solicitors office?
Page 2
    • sheramber
    • By sheramber 28th Sep 17, 8:25 PM
    • 4,006 Posts
    • 2,973 Thanks
    sheramber
    If the person is not mentally capable you have to apply to the Court of Protection to be able to take over their affairs

    https://www.moneyadviceservice.org.uk/en/articles/if-the-person-you-want-to-help-has-lost-mental-capacity
    • Peco141
    • By Peco141 28th Sep 17, 9:50 PM
    • 258 Posts
    • 18 Thanks
    Peco141
    I actually missed the whole point in the POA tbh. We managed to set up the appointment with the solicitor at the hospital the day my mum found out the cancer had spread to the brain. I didn't not consider at that time that her time would be limited and that POA would not really have been necessary.

    I just got mixed up with everything.
    Last edited by Peco141; 12-10-2017 at 11:11 PM.
    • Peco141
    • By Peco141 12th Oct 17, 11:12 PM
    • 258 Posts
    • 18 Thanks
    Peco141
    For information sake my mum is now in a critical condition, cannot swallow never mind speak and has only days left and the POA has still not arrived.

    I take it a refund is out the question.
    • Malthusian
    • By Malthusian 13th Oct 17, 8:54 AM
    • 3,460 Posts
    • 5,302 Thanks
    Malthusian
    For information sake my mum is now in a critical condition, cannot swallow never mind speak and has only days left and the POA has still not arrived.

    I take it a refund is out the question.
    Originally posted by Peco141
    Most likely. They've already done the work and that work has to be paid for. They could hardly say "No, we can't arrange a POA for your mum, she'll probably die soon and then you'll want your money back".

    Are there not more important things to think about?

    The delay is likely to be on the part of the Office of the Public Guardian - the solicitors have no control over it. I assume the power of attorney is being registered and this typically takes 8 to 10 weeks.

    I don't think anyone answered your question last month about cost - no, that's not excessive for a POA and updating a Will.
    • Peco141
    • By Peco141 3rd Dec 17, 8:44 AM
    • 258 Posts
    • 18 Thanks
    Peco141
    I know this completely irrelevant now but:

    Mum signed the power of attorney from her hospital bed on the 23rd August 2017. The Office of Public Guardian (Scotland) wrote to me to advise that the POA was created on their system through online processing (when the solicitor completed it) on 22 September 2017 allowing them to process it on 5th November 2017.

    In other words it took my solicitor a month to process my mums request of power of attorney.

    The bill of £435 came in from the solicitors on the 31 August 2017, a week after they received by mums request and I paid it on the 4th September 2017.

    The solicitor knew that the cancer had spread to my mums brain when she visited the hospital that day, as it just so happen to be the morning in which the results of the CT scan were relayed to the family.

    I'm not gaining anything out of posting this here and I understand that it's futile according to your previous replies but my own personal opinion is that this is insensitive negligence by my solicitor of which I am completely disgusted with.

    Last point to note is I still, even to this day 7 weeks after my mums passing and 15 weeks after mum signed it have no sight of said obsolete Power of Attorney. Complete and utter sham!
    • chesky
    • By chesky 3rd Dec 17, 4:42 PM
    • 881 Posts
    • 1,270 Thanks
    chesky
    You could write a formal letter of complaint to the solicitor - if they have a website it should tell you how to go about it. If not, call them and ask them to send you a copy of their complaints procedures.
    • Peco141
    • By Peco141 3rd Dec 17, 8:11 PM
    • 258 Posts
    • 18 Thanks
    Peco141
    You could write a formal letter of complaint to the solicitor - if they have a website it should tell you how to go about it. If not, call them and ask them to send you a copy of their complaints procedures.
    Originally posted by chesky
    Would just be another bill for me with no gain. Kinda pointless. Just massively disappointing.

    This solicitor has been appointed and in the middle of dealing with letter of confirmation for me and sending letters to my siblings. I could change but would incur further costs in appointing another solicitor to do the work again.
    • chesky
    • By chesky 3rd Dec 17, 11:20 PM
    • 881 Posts
    • 1,270 Thanks
    chesky
    No, you don't pay to complain.
    • katglasgow
    • By katglasgow 4th Dec 17, 6:55 AM
    • 375 Posts
    • 287 Thanks
    katglasgow
    I would definitely write to complain the least you will get is an apology but you may well be offered some compensation. As you say her illness meant time was limited and yet it took them more time to process your form than bill you - shocking
    Me debt free thanks to MSE
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