New power of attorney guide

Preaching_Parsimony

Morning All,

I am taking the plunge and sorting out a LPA. I have read all 11 pages of the forum so feel beter informed than before. I am going to get both LPA's done and going to do it online given the testimonials to date that state how easy/easier it is to do online.

Background info to assist with possible answers/thoughts;

I am divorced, am 44 years old, have suffered from mental health problems for the last 20 years to a varying degree from mild depression and absentmindness to wanting to do horrible things no matter what the consequence (i.e thoughts versus actions). I am male. I have a lovely handsome son aged 7 who will be the sole beneficiary of my will. House is paid off. My ex-wife who lives 600 metres away will not receive anything from my will although we get on OK.

Q1. Can I make my ex-wife an attorney in both LPA's. She knows that she doesn't benefit form my will (as I don't from hers), so she knows that if she did anything underhand/unethical (not saying she would) she will be only deprieving our son of his future estate.

Q2. Do I need to link my will or amend it to both LPA's?

Regards and thank you all for the help so far from the guide's to date. To be blunt, if this forum hadn't of existed, I wouldn't be even considering this critical task [sic].

Rosie1980

Preaching_Parsimony wrote: »

I am taking the plunge and sorting out a LPA.

Well done, it's definitely worth doing, always best to have things in place and not need them than to not have them when the worst should happen.

Preaching_Parsimony wrote: »

Q1. Can I make my ex-wife an attorney in both LPA's.

Providing you trust this person 100% to manage your financial affairs in your best interests then you can choose anyone you like. It would be a good idea to have a replacement attorney in case said person either can't or won't do the job when the time comes. Make sure you read the notes as you go through the form as it gives some good ideas for wording such as restrictions to when the person can sell your house.

Preaching_Parsimony wrote: »

Q2. Do I need to link my will or amend it to both LPA's?

No, Will's and LPA's are completely separate documents. An LPA dies with you, although depending on which forms are completed on your death a copy of it may be requested to send to HMRC if it has ever been used.

All the best and there is lots of help on here, just ask if you get stuck, someone always knows.

annie12

Hi, I am currently completing the LPA form, I have a couple of questions if anyone can help?

My mum is the donor, myself and my 3 siblings are the attorneys, my mum's friend is the certificate provider.

When it comes to witnesses, can the certificate provider witness the donor's signature? Can the attorneys witness each others signatures?

Finally, is it neccessary to notify someone? Does it cause problems if you don't?

Thank you.

Rosie1980

annie12 wrote: »

When it comes to witnesses, can the certificate provider witness the donor's signature? Can the attorneys witness each others signatures?

Finally, is it neccessary to notify someone? Does it cause problems if you don't?

Yes the certificate provider can witness the donor's signature and all the attorneys can witness each other.

With regards to notifying people you used to have to have a second certificate provider if there was no one to notify but I think they've changed it and you dont have to notify anyone. I've never written one without someone to notify so I couldn't say if this causes any issues.

annie12

Rosie1980 wrote: »

Yes the certificate provider can witness the donor's signature and all the attorneys can witness each other.

With regards to notifying people you used to have to have a second certificate provider if there was no one to notify but I think they've changed it and you dont have to notify anyone. I've never written one without someone to notify so I couldn't say if this causes any issues.

I think that is what I read, the old rules. The form says it's optional, I just didn't want to miss something.:)

Thanks for your help.

arthurx1234

As i do not have a printer where can i request the Power of Attorney forms from --- I have had a quick look on Gov.co.uk but no luck

thanks
Arthur

Rosie1980

Fill in your details here and they'll post them out to you.

http://www.justice.gov.uk/forms/request-lasting-power-of-attorney-forms

arthurx1234

Rosie1980 wrote: »

Fill in your details here and they'll post them out to you.

http://www.justice.gov.uk/forms/request-lasting-power-of-attorney-forms

thank you have done so, but a bit confused as the option of requesting an Enduring Power of Attorney form was still available !!
thanks again
Arthur

Rosie1980

It's the registration pack for enduring power of attorney, so if you had one written and signed years ago you can still register and use it.

ConnietheCoton

Thanks for the helpful advice on this thread.

My mum is very anxious about contacting her solicitor to cancel proceeding with a Power of Attorney registration as she believes contacting the solicitor will incur charges for their time to take her call and respond over the phone, or similarly to open, read and type a response by email.

My mum's solicitor quoted her £800, but so far has only:

Supplied paper copies of LP1H and LP1F forms
Completed section 1 (The donor)
Partially completed section 2 (The attorneys)
Completed section 4, nominating themselves as a replacement attorney
Signed as a witness in section 9 (Signature: donor)
Completed section 10 (Signature: Certificate provider)
Visited her home (five minutes drive) to complete the above.

Is my mum permitted to decline proceeding with the application and registration process, without incurring the £800?

Is a phone call or email enquiry/request chargeable?

Can any forum members help?