Help needed regarding power of attorney

googler

dzug1 wrote: »

I can assure you it does take more than 3-4 weeks.

In my own case it was just short of 3 months from the form being signed to having it back from the OPG. The main part of that was a 6 week waiting period for objection stipulated by the OPG and the rest the OPG being slow with paperwork.


BTW you only need to send two forms in if you want both the financial one and the welfare one

OK; 3/4 or 6 weeks then.

I applied for both financial and welfare, and had to complete four separate forms in total, two for each appln. The form with all the name, address, GP details (one for each app) and another one with applicant details (one of these 'one letter to each box' style of computer-readable forms), again one for each appln.

moneylover

may not help the person who started the thread, but the forms for getting the lasting power of attorney are to be simplified. The old forms will be valid if anyone is going through the process at present but new forms will appear on the Office of the Public Guardian website at the end of October they tell me
In the case of the lady concerned its obviously a difficult situation but in cases where someone has more mental capacity and can sign the forms we as a family found it quite a straightforward process and saved solicitors costs that can be considerable.

tiamaria

My mum has asked me to have power of attorney for her, after reading this thread it sounds a bit complicated, I didn't realise there was more than one type.

So going by moneylover's last post, am I right in thinking it may be better to wait until the end of the month for the less complicated forms? And can it be done without any legal assistance?

tia

Biggles

tiamaria wrote: »

My mum has asked me to have power of attorney for her, after reading this thread it sounds a bit complicated, I didn't realise there was more than one type.

So going by moneylover's last post, am I right in thinking it may be better to wait until the end of the month for the less complicated forms? And can it be done without any legal assistance?

Have a look a the website of the Office of the Public Guardian re the two kinds of LPA - http://www.publicguardian.gov.uk/forms/Making-an-LPA.htm.

It might well be worth waiting, I haven't read much about the new forms yet but it sounds as though they may make it easier.

Yes, it can easily be done without legal assistance unless there is anything particularly complex about your Mum's affairs.

googler

tiamaria wrote: »

My mum has asked me to have power of attorney for her, after reading this thread it sounds a bit complicated, I didn't realise there was more than one type.

So going by moneylover's last post, am I right in thinking it may be better to wait until the end of the month for the less complicated forms? And can it be done without any legal assistance?

tia

Yes; assuming she is of sound mind at the moment, which it sounds like she is, then you can get - PoA over her 'Property and Affairs' (you handle bank accounts, house, investments etc if she is no longer able to), and 'Personal Welfare' (you take decisions over her medical treatment if she isn't able to).

You could wait for the revised forms, but the current ones aren't complicated at all, and can be completed without ANY legal assistance. The forms pack is downloadable from the OPG website.

If you have two independent adults signing that your mum is of sound mind when completing the PoA, or one suitable professional (her GP?) plus one independent adult, you're good to go. There's a cost to register the appln, but you can get exemption or partial exemption depending on your income.

Biggles - why should anything 'particularly complex about Mum's affairs' change any part of the process? What do you have in mind?

tiamaria

Thanks Googler yes she's of sound mind,just doesn't want us to encounter any problems in the future, and no there aren't any complex circumstances.

Is an "independent" adult anyone who's not related?

dzug1

Basically yes - but slightly more complicated:

The 'Certificate Provider' is an independent adult who has known the donor two years. They cannot be a member of the donor's or the attorney's family plus a few other categories - like not an employee of the nursing home where the donor lives.

OR it can be a professional who is entitled to charge.

A second Certificate Provider is only needed if the PoA does not provide for notification of interested parties (eg other family members) before registration. Same rules apply.

A separate person must witness the signature of the PoA. All they are doing is saying they've seen it signed.

Willman_Rodders

The new forms (to which Googler and Biggles are possibly refering) were actually made available on the OPG's website on 1 October 2009. They reduced both LPA types from a 26 page document of tickboxes to a more manageable 11 pages or so, with additional sheets where needed.