New power of attorney guide

Rosie1980

Old_Joe wrote: »

What cost is it to set up a LPA.

It costs £110 per LPA so it would be £110 for yours and £110 for your wife's. If you also wanted to do a Health and Welfare as well as financial it would be a total of £440 for all 4 LPAs.
There are some exemptions or reductions to the fees if you have a low income or receive certain benefits, here is more info https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/245523/LPA120_Fees_exemptions_remissions.pdf

Old_Joe wrote: »

How to set up LPA without going online.

You can go online and just print them or you can ask to have them sent to you using this form http://www.justice.gov.uk/forms/request-lasting-power-of-attorney-forms
However if you can do it online it is brilliant, so straight forward with lots of guidance along the way and prompts to ensure you do everything in the right order.

Old_Joe wrote: »

Can these be Registered without the need of a solicitor?

Absolutely, if it's straight forward and you understand what you are doing then there is no need for a solicitor.

Old_Joe wrote: »

[Is the cost per person registering and for the dependent of how many person prepared to act as a LPA

No the cost is £110 per LPA regardless of how many attorneys you have.

Old_Joe

Most grateful for you full and prompt reply and help Rosie.




Thank you very much.

ih8stress

Thank you for your answers Rosie1980 and Mojisola, they have really helped.

Old Joe: I sent away for the forms and there are guidance booklets to read through which help (they do take a bit of reading though, so asking on here to clarify things is also a big help).

I am on a low income so will be applying for the reduction, which I understand to be 50% off e.g. I should pay £55 per LPA.

Rosie1980 has answered all your queries but I would add this link which will show some common pitfalls to avoid when completing a LPA:

https://www.gov.uk/government/publications/lasting-power-of-attorney-avoid-invalid-provisions

Although I have the forms to complete, I have started to do this online instead. As Rosie1980 says, it is quite straightforward and as you continue from page to page there is an option to go back and edit something if you need to.
You also don't have to complete it all in one go but can save it to carry on from that point at a later time or day.

(The only thing I am not sure of yet is if you can still go back and edit it once you have completed it in full - but before printing it out).

HTH

Rosie1980

Yes you can, even once it's completed online you can still edit.

pphillips

If you appoint your attorneys jointly and severally then your LPA carries on until no more attorneys or replacement attorneys are able to act. Normally your replacement attorneys only come in when all your attorneys are unable to act but if your attorneys are appointed jointly and severally you can change this if you want to so that your replacement attorneys all come in when one of your original attorneys can no longer act.

If you appoint your attorneys jointly then they must all be replaced by your replacement attorneys when one of your original attorneys is unable to act. If when your replacement attorneys step in one of them is unable to act then none of them will be able to act . To prevent this from happening you can change how your replacement attorneys act so that they can make decisions jointly and severally.

If you appoint your attorneys jointly for some decisions, and jointly and severally for other decisions then only your replacement attorneys can make these specific joint decisions when one of your original attorneys is unable to act. If when your replacement attorneys step in one of them is unable to act then no one will be able to make these specific joint decisions.

ih8stress

When do you want your attorneys to be able to make decisions?

1) as soon as my LPA has been registered (and also when I don't have mental capacity) option

2) only when I don't have mental capacity

I was going to tick the second one but the form suggests ticking the first one and I am unsure now.

It says that if you choose 1, the attorneys can only act now with your consent (whilst you still have the mental capacity presumably).

If you choose 2, the attorneys might have to prove you do not have mental capacity each time they try to use the LPA.

Any advice, please?

I know I said I wouldn't ask any more, sorry

Rosie1980

My advice would be to have it useable straight away. From personal experience the "when I've lost mental capacity" is a pain and is currently making my life difficult. My Nan hasn't lost mental capacity but is very poorly and wants me to deal with it all, she thinks I can and doesn't understand that I can't. You don't know what will happen but to have it useable whatever means there aren't any extra hoops to jump through when you're having to use it and it can be used if you get to a point where you want someone to sort it because you are too physically debiliated to do it yourself and just don't want the hassle.
Remember while it's stored safely in your home no one can use it anyway and presumably you are appointing people you trust.
Lastly once you get it take a full copy and certify it yourself, (it tells you what to write on it when it's sent back to you). This means your loved ones have more than one copy should they need to post it or live in different locations.
Clearly it's personal choice and you can tick when I've lost mental capacity if you really feel you would only ever want it used in this instance.

ih8stress

Thank you once again for all your advice Rosie1980. I'm sorry your Nan is poorly and you are having issues dealing with things for her.

As she hasn't lost mental capacity yet - would it be easier/worth it (and less hassle in the long run) for you to get a new LPA set up?

(I'm sure you have already considered this but I am just checking as you have been so helpful to me).

Once again, thanks

barbedhook

I set up an lpa this year for my mother the forms were a bit mind boggling it took me a few days and quite a few phone calls to the helpline but I managed to do it myself and as my mother is on pension credit it didn't cost anything . A lot of people think you need a solicitor to do it I've heard of people paying hundreds of pounds for solicitors to do it for them when they could have done it themselves. Don't be put off by the forms and don't be afraid to ring the helpline they were very helpful with me

Rosie1980

ih8stress wrote: »

Thank you once again for all your advice Rosie1980. I'm sorry your Nan is poorly and you are having issues dealing with things for her.

As she hasn't lost mental capacity yet - would it be easier/worth it (and less hassle in the long run) for you to get a new LPA set up?

(I'm sure you have already considered this but I am just checking as you have been so helpful to me).

Once again, thanks

Thank you IH8stress, I have considered it, we have kind of expected that she wouldn't make it through the last few months or she would be deemed as having dementia (she does go through periods of not being entirely with it). I am getting to the stage where she seems to have stabilised and so I probably will write up a new one for her to sign. it would all have been a lot easier if she'd just had it for use at anytime.