Power of Attorney

Eilagoss

Does anyone know the best and cheapest way of setting up a Power of Attorney. Can you do it yourself, need a solicitor or whatever. I gather since the law changed it is far more difficult and expensive so if anyone can assist I should be grateful for any info. Thanks.

Biggles

Eilagoss wrote: »

Does anyone know the best and cheapest way of setting up a Power of Attorney. Can you do it yourself, need a solicitor or whatever. I gather since the law changed it is far more difficult and expensive so if anyone can assist I should be grateful for any info. Thanks.

It's slightly more complex since 1 Oct 07, that's all.

It's only a little more expensive (£150 for a Property & Affairs LPA as against £120 for the old EPA); and you have to decide whether you need a Personal Welfare LPA or just the P&A LPA.

The form is much more comprehensive but, on the other hand, the guidance notes are a great deal better.

Take a look on http://www.publicguardian.gov.uk/forms/Making-an-LPA.htm

monkeyspanner

Yes you can do it yourself. There have been a number of people posting in various threads that they have obtained the new style Lasting POA without solicitors help.

In the first instance have a look at the Office of the public guardian site here
http://www.publicguardian.gov.uk/

I am sure others will be along to provide more soecific advice.

fredsnail

I got a DIY kit from WH Smiths - was about £16 or £17 I think.

It came with a CD with all the forms on and instructions, and a set of pre-printed forms.

We had no problems completing the forms.

fs

dzug1

fredsnail wrote: »

I got a DIY kit from WH Smiths - was about £16 or £17 I think.

It came with a CD with all the forms on and instructions, and a set of pre-printed forms.

We had no problems completing the forms.

fs

You can get exactly the same from the OPG (well as paper forms rather than
a CD it's true) or download the lot from their website for nothing.

And I did manage the DIY route (on behalf of an elderly relative) without much trouble. The main problem was deciding how to handle the Certificate Provider issue - in the end a former neighbour was happy to do this. Employing a professional (doctor, etc) is also possible, but costs, and there was always the risk that they might say 'not fit to sign'

Eilagoss

Thanks, since posting this I have found some of the previous posts (although several of them refer to the old POA). I have emailed the Gov website for more info and hopefully as, although elderly, my Mum is quite compos mentus we can get the forms and work out how to fill them. My understanding was that the new forms were something in the region of 30 pages? I presume we will need 2 forms, one for financial and another for welfare.

hamstercheeks_2

my sister has just done this for my dad at a cost of approx £400

it is expensive

dzug1

Eilagoss wrote: »

Thanks, since posting this I have found some of the previous posts (although several of them refer to the old POA). I have emailed the Gov website for more info and hopefully as, although elderly, my Mum is quite compos mentus we can get the forms and work out how to fill them. My understanding was that the new forms were something in the region of 30 pages? I presume we will need 2 forms, one for financial and another for welfare.

Correct - they are 30 pages though spaciously laid out and with sections you may not need to fill in. And yes - two forms, and two fees.....

It's a moot point whether you need the welfare one at all - read it carefully before deciding.

Pee

You can do it yourself, and the way to do it is to download the forms, which are very complicated. They should be changed and made slightly simpler "soon" and the fee will also be reduced from £150 to £120. If your mother has income of less than £16k, she could apply for remission of the fee.
Be very careful when you fill out the form that you answer everything, including ticking the boxes. Read through it three times, very, very carefully and get someone else to read through and double check if you can. If you omit to tick a box, such as I am over 18, the form will be returned unregistered, but not the £150 fee.

If you decide you would prefer a solicitor to take this risk, you would be looking at between £600 and £900 for drawing up the LPA and registering it.

You do not want a EPA, as that is the old style one, which can no longer be set up.

Be_Happy

Maybe the rules and fees are different here in Scotland, but we've just had my will revised and continuing POAs drawn up and registered for OH and myself. Solicitor charged total of £457.75.

A few months ago I had to have POA drawn up and registered for my sister who has Downs Syndrome, when I took over her care on our mother's death. Solicitor charged £210.

Pee

The sytem is nearly always different in Scotland. The fact you call it a continuing POA and I call it an LPA indicates they are different things. Do you register the continuing POAs as soon as they are made, before you can use them? Makes me wonder if you live nearish the border whether it isn't worth popping over to make one.