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Power of attorney - necessary?

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Comments

  • dzug1
    dzug1 Posts: 13,535 Forumite
    10,000 Posts Combo Breaker
    I'll have another look at possible going down the route of LPA. Another question however.... (sorry for all the queries) - the best person to sign as a witness would be her GP - so presumably this would entail taking her in for an appointment - do GPs give appointments for this type of thing? And do they charge for it? I don't really have anyone else I could ask to be a witness.

    He's entitled to charge.
  • flossy_splodge
    flossy_splodge Posts: 2,544 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    dzug1 wrote: »
    He's entitled to charge.
    Have to say that in my case, my father's Doctor happily 'saw' him to verify he knew what he was doing (Solicitor had asked for this before he was willing to draw up dad's will!) and also wrote letter to solicitor to confirm that I was not a wicked daughter working things to my own benefit :eek:(which the solicitor seemed to think) :mad: but in fact the only one still helping my extremely difficult and challenging father.
    No mention of charges, doctor was happy to help but he did know both of us pretty well.:T
    Hope this helps.

    Good luck.
  • Biggles
    Biggles Posts: 8,209 Forumite
    1,000 Posts Combo Breaker
    dzug1 wrote: »
    The form strongly recommends (can't recall if it actually requires) that the attorney is NOT present when the LPoA is signed
    I think that's just at the point where the Certificate Provider has to confirm they have discussed the contents of the LPA with the Donor; at that point it is preferred that the Attorney isn't present, though it may not always be practical.

    My mother's GP was also very happy to discuss her ability to sign a PoA with me and, in fact, she made a special visit to Mum to talk to her and rang me afterwards to report that she understood all about it. There was no question of any fee, though I think strictly speaking one can be charged.
  • localhero
    localhero Posts: 834 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    dzug1 wrote:
    The form strongly recommends (can't recall if it actually requires) that the attorney is NOT present when the LPoA is signed

    The certificate provider must confirm on the certificate that they have discussed the contents of the LPA with the donor and that the attorney(s) were not present.

    If somebody else was present it should state who and why.

    It is best practice to insist that the attorneys are not present (even where one of the attorneys is a spouse) when the donor signs the form. The certificate provider should then sign the certificate immediately after having satisfied themselves that the donor absolutely understood what they are signing.
    [FONT=&quot]Public wealth warning![/FONT][FONT=&quot] It's not compulsory for solicitors or Willwriters to pass an exam in writing Wills - probably the most important thing you’ll ever sign.[/FONT]

    [FONT=&quot]Membership of the Institute of Professional Willwriters is acquired by passing an entrance exam and complying with an OFT endorsed code of practice, and I declare myself a member.[/FONT]
  • Ere-we-go
    Ere-we-go Posts: 7 Forumite
    I work for solicitors so I'm biased, but I would strongly recommend that anyone doing one of these new LPAs does it through a solicitor - it's a lot more complicated than the old EPA used to be. It might be a bit more expensive than downloading something from the internet, but at least you know that it will be done properly (yes, I know - in theory!). They will talk you through it and explain who can witness and everything and it should only take one visit, the rest can be done by post.

    Nora
  • Biggles
    Biggles Posts: 8,209 Forumite
    1,000 Posts Combo Breaker
    Ere-we-go wrote: »
    I work for solicitors so I'm biased, but I would strongly recommend that anyone doing one of these new LPAs does it through a solicitor - it's a lot more complicated than the old EPA used to be.
    To be honest, you were very much 'on your own' with the old EPA, as the notes were minimal.

    But, with the new LPA, there are very comprehensive notes on completion and I'd suggest anyone downloaded the forms from http://www.publicguardian.gov.uk/ and had a good read first, then made up their own mind.
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