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New power of attorney guide

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  • Keep_pedallingKeep_pedalling Forumite
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    If the pension contains an element of pension credit, you can just provide the latest pension credit statement as proof.
  • SopeSope Forumite
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    Don't think it does but I'll have a look at it.

    Thanks
  • Hi I have just registered an LPA(lasting power of attorney) for my mum and I used the online service through the Office Of the Public Guardian, it was very easy to use and understand once you have filled everything in you can print it all off and get it signed and then post it to the OPG. The cost is £110 to register it which is far cheaper than a solicitor (mine wanted £500) and you may be able to get a reduction if you are on benefits or a low income all of this is explained on the website. I found the service very easy to use and it took around 5 weeks to be registered and I would highly recommend the online service.
  • edited 14 December 2016 at 2:11PM
    pphillipspphillips Forumite
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    edited 14 December 2016 at 2:11PM
    The cost is £110 to register it which is far cheaper than a solicitor (mine wanted £500) and you may be able to get a reduction if you are on benefits or a low income all of this is explained on the website.

    Unless it is exempted or remitted, the £110 is a registration fee that goes to the Office of the Public Guardian and not solicitors. Solicitors act on your behalf and pay the fee when you instruct them to but they are not able register a Lasting Power of Attorney all on their own as they have to go through the OPG just like everyone else.
  • Although I helped my mother with setting up her PoA it was quite a simple one but I am thinking of setting one up for myself - just in case and have a question.

    My wife is not British born and, although has lived here for over 10 years, does not really know much about this sort of thing but I do trust her.

    My daughter, from a previous marriage, who I also trust, is only 21.

    I have a long-standing friend of over 40 years but, being similar age to me, as time goes on may not be in a position to help when necessary but I do trust him.

    My questions is thus: Could I appoint all three as attorneys but that at least two of them must agree before decisions can be acted upon rather then completely jointly. Couldn't find this covered online.
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  • Both my parents are alive. Should they sort out power of attorney for each other or should I be given it for both parents?

    I don't understand how it works. My dad spoke to me recently because his brother/my uncle mentioned it to him. My uncle has lost his wife and has given POA to his 3 kids.

    My mum would struggle to live on her own and at the v least would need sheltered housing if she had to live alone.
  • MojisolaMojisola Forumite
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    Chrissies wrote: »
    Both my parents are alive. Should they sort out power of attorney for each other or should I be given it for both parents?

    My parents appointed each other and me as their attorneys.

    When we came to register Dad's, Mum had already died so it's just as well they had nominated me as well.
  • edited 14 December 2016 at 10:56PM
    Keep_pedallingKeep_pedalling Forumite
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    edited 14 December 2016 at 10:56PM
    Mav6215 wrote: »
    Although I helped my mother with setting up her PoA it was quite a simple one but I am thinking of setting one up for myself - just in case and have a question.

    My wife is not British born and, although has lived here for over 10 years, does not really know much about this sort of thing but I do trust her.

    My daughter, from a previous marriage, who I also trust, is only 21.

    I have a long-standing friend of over 40 years but, being similar age to me, as time goes on may not be in a position to help when necessary but I do trust him.

    My questions is thus: Could I appoint all three as attorneys but that at least two of them must agree before decisions can be acted upon rather then completely jointly. Couldn't find this covered online.

    No you cant do that and in general it is not a good idea to have attorneys who have to act jointly for two reasons. The first is that if one dies or becomes incapacitated, then the LPA fails. Secondly if one moves away it become difficult to get things done.

    We have 3 attorneys on each of our LPAs, each other and our two children and the can all act jointly or severally, which gives us a good level of cover for all but the most extreme of circumstances.

    I am sure if you work through this together with your wife she should get a good understanding of the workings of the LPA and anyway she should have one in place as well.
  • Keep_pedallingKeep_pedalling Forumite
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    Chrissies wrote: »
    Both my parents are alive. Should they sort out power of attorney for each other or should I be given it for both parents?

    I don't understand how it works. My dad spoke to me recently because his brother/my uncle mentioned it to him. My uncle has lost his wife and has given POA to his 3 kids.

    My mum would struggle to live on her own and at the v least would need sheltered housing if she had to live alone.

    They should both certainly both have an LPA in place (and you would be wise to sort one out for yourself as well)

    It is wise to appoint at least 2 attorneys in case one is unable to act when the time comes, so they can appoint each other, your and maybe another sibling. Attorneys need to be people you trust and you need to be reasonable sure that there is no conflict between them otherwise things can get messy.
  • edited 14 December 2016 at 11:53PM
    pphillipspphillips Forumite
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    edited 14 December 2016 at 11:53PM
    Mav6215 wrote: »
    My questions is thus: Could I appoint all three as attorneys but that at least two of them must agree before decisions can be acted upon rather then completely jointly. Couldn't find this covered online.

    Technically yes, but jointly and severally majority decision appointments have only come about in very recent case law and I suggest you speak to a solicitor for advice and to get the wording right to prevent your LPA being rejected by the OPG.
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