New power of attorney guide

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  • Eilagoss
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    http://powers-of-attorney.com/contact-iwm.php
    http://powers-of-attorney.com/offers.php
    I spoke to them this morning and (according to their website as well) they go through the form with you over the phone, complete it and send it back to you to register. As the mistake rate is apparently very high, this seemed like a good idea, but I can find no way of finding information about the company. I am somewhat wary re paying for something that may not happen, although apparently they are members of the FSB and the institure of paralegals.
  • Eilagoss
    Eilagoss Posts: 24 Forumite
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    edited 28 January 2015 at 1:04AM
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    Can I get someone to send me the LPA and Health and welfare LPA forms in the post please?
  • vigman
    vigman Posts: 1,377 Forumite
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    I have just completed my two LPAs online and it really is a simple process, especially if you don't want any special restrictions which might cause problems if written incorrectly.

    If you use the same details in both health and finance LPAs they are saved and can easily be pasted back in from a drop down list when completing the second form.

    The online help is very clear and you just need to know that donor=person the LPA is for and Certificate Provider=witness, which can just be a friend and not necessarily a professional.

    The guidelines get printed with the form so go through these.

    If you earn less than £12K as my retired wife does, you have to write how you support yourself to get half fees.

    I'll report how we get on with registration!

    Vigman
    Any information given in my posts or replies is intended to be of interest and/or help to members of the forum. I cannot guarantee that this is accurate or up to date.
  • Flugelhorn
    Flugelhorn Posts: 5,651 Forumite
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    Can someone advise me? Mother has asked me to be attorney for LPAs for her. OK fine, am only child etc etc. I am aware of the assorted people I need and she has identified a certificate provider etc.

    I am also aware of the need to register it - can someone tell me if she can insist after this that I handle her financial affairs or does it wait until she is losing the plot? We have quite different views on handling money, eg she will spend 40 mins on the phone getting a £3 refund etc and are likely to clash if I have to be involved prior to her losing capacity
  • Rosie1980
    Rosie1980 Posts: 149 Forumite
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    Flugelhorn when setting it up you can include in the wording that it only comes into force once she loses mental capacity. If you don't write that it can be used as soon as it is registered. However you don't have to use it, so for example I have PoA over my Nan (who has full mental capacity), and I only use it for the specific financial affairs she doesn't want to deal with. It sounds like you are worried about her expectations and you need to have a chat about it first.
  • Mojisola
    Mojisola Posts: 35,558 Forumite
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    Flugelhorn wrote: »
    We have quite different views on handling money, eg she will spend 40 mins on the phone getting a £3 refund etc and are likely to clash if I have to be involved prior to her losing capacity

    An attorney has to handle the finances in the donor's best interests - as long as you can show you are doing that, you don't have to do everything in the way the donor would have done.
  • Flugelhorn
    Flugelhorn Posts: 5,651 Forumite
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    Rosie1980 wrote: »
    Flugelhorn when setting it up you can include in the wording that it only comes into force once she loses mental capacity. If you don't write that it can be used as soon as it is registered. However you don't have to use it, so for example I have PoA over my Nan (who has full mental capacity), and I only use it for the specific financial affairs she doesn't want to deal with. It sounds like you are worried about her expectations and you need to have a chat about it first.

    Thanks Rosie - I am afraid I am only too well aware of her expectations and am going to have to be quite firm about the LPA not being used unless she lacks capacity - will make sure she includes appropriate statement.
    Would really love to have some wording to the effect that "just having a feeble five minutes" doesn't count as losing capacity.
  • Rosie1980
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    Incidentally when you fill in the online LPA it gives you the exact wording to use if you want it to be used only once mental capacity is lost.
  • Beancounter
    Beancounter Posts: 1,076 Forumite
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    Apologies if this has been answered already.

    I took out Power of Attorney for my Dad last year when he showed the initial signs of dementia. I now want to register for online banking to keep an eye on his finances as I have spotted a few things going out that shouldn't be.

    I have registered online but will have to wait for an activation code. I called the Halifax but they say I have to be registered with them as having POA in order to act on his behalf.

    Is this the case with all companies he deals with?
  • Rosie1980
    Rosie1980 Posts: 149 Forumite
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    Yes any financial institution you wish to deal with on his behalf will have to see the Lasting Power of Attorney.
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