Attorney refusing to register Enduring Power of Attorney ??

sc52

Thanks for all the replies.

I've discussed it with my wife and she has decided to sign the documents required to register the EPA with as little fuss as possible and then see what happens.

I should think that the brother will be very surprised, as he will no doubt have thought that he had successfully managed to bury it.

One things for sure, he won't be pleased....

I'll report back as things progress.

Hawkeye4aneye

Just a warning I would not hold your breath for a quick reply as the office dealing with this takes for ever dealing with registrations unless there is an obvious error in which you might get a quicker response.

hartcjhart

sorry to butt in,can someone explain the difference between a 'lasting power and 'enduring power.

my father is slowly going downhill mentally and we want his main carer(our brother to take control of matters for him,

and how long does it take and how much does it cost,
thanks

Willman_Rodders

Best place to start looking is here:

http://www.publicguardian.gov.uk/

Difference between 'Enduring' and 'Lasting' is that 'Lasting' replaced 'Enduring' in October 2007 - or to be precise the LPA Property and Affairs replaced the EPA. You cannot now create a new 'Enduring Power of Attorney'.

The website tells you registration fees. The site also explains potential fees if no LPA is set up. Also, it explains the time frames required for registration.

Creation of the LPA needs a 'certificate provider'; this can be done a none-professional but this can also be a bit of a minefield. Take great care if you decide to create the documents yourself. Conversely, check carefully what fees will be charged if you use a solicitor or will-writer; prices vary significantly.

sloughflint

Willman_Rodders wrote: »

Creation of the LPA needs a 'certificate provider'; this can be done a none-professional but this can also be a bit of a minefield. Take great care if you decide to create the documents yourself. Conversely, check carefully what fees will be charged if you use a solicitor or will-writer; prices vary significantly.

Off topic but this reminds me a bit of the line some people in the business like to use on administering estates: 'you can try to do it yourself but it's a bit of a minefield so we'd be only too happy to do it for you'.

My take on it is that it can't be rocket science. There are plenty of notes available.People in the trade just have more practice. I think I'd be confident enough to give it a go and just scrutinise everything.

Willman_Rodders

sloughflint wrote: »

Off topic but this reminds me a bit of the line some people in the business like to use on administering estates: 'you can try to do it yourself but it's a bit of a minefield so we'd be only too happy to do it for you'.

My take on it is that it can't be rocket science. There are plenty of notes available.People in the trade just have more practice. I think I'd be confident enough to give it a go and just scrutinise everything.

No, it ain't rocket science, but my advice remains. The following is taken from the OPG's website:

"Part B - The Certificate Provider's Statement

Only certain people can be certificate providers and details of who can and cannot do so are listed on the form.

The certificate provider is someone who must speak with you privately to satisfy themselves that you understand the powers you are giving your Attorney(s) and that there has been no fraud or undue pressure on you to make the LPA."

A professional knows how to prove the above; the lay certificate provider often does not. Sloughflint ... How would you show undue influence was not a factor? What steps would you take to ensure there was no fraud? And how you would like to explain what powers the attorney is being given?

Then reflect for a moment. A non professional certificate provider cannot be a member of your family but must have known the donor for at least two years - and ask then who are you going to choose? The local shop keeper? The Postman? People have used these persons before, and you can guess the outcome...

Sometimes using a professional saves time and money.

dzug1

sloughflint wrote: »

Agreed.

Hopefully a non professional will be along to explain how they went about things. Some GP involvement surely?

Nope - no GP involvement.

Downloaded the forms from the OPG website and filled them in.

The main problem with the forms is avoiding trivial but vital errors that the OPG will nitpick on. eg a box ticked or not ticked or contradictory information. In the early days the professionals had problems with this as well. You need to check and double check what you have put and omitted. And then do it again.

As to the certificate provider a long standing former neighbour of the donor agreed initially somewhat reluctantly to consider being it. Having read the OPG guidance and talked to the donor (alone - I made sure I was miles away at the time) said neighbour signed the form and another former neighbour witnessed it. If they had been at all reluctant after talking with the donor I wouldn't have pressed the matter, but moved on to the GP.

The donor was clear however what she wanted - someone to take care of her finances - so dementia clearly had not gone very far. Mainly loss of short term memory. The OPG do publish guidance for lay certificate providers, and there's no comeback except in the case of blatant lies