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New power of attorney guide

edited 21 December 2011 at 3:19PM in Marriage, Relationships & Families
629 replies 128K views
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Replies

  • MojisolaMojisola Forumite
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    Chrissies wrote: »
    My parents are very old school and my dad hates spending money. This would be a big cash outlay for him and that would put him off.

    It's much, much cheaper than having to go to the Court of Protection -
    https://www.gov.uk/become-deputy/fees
  • Keep_pedallingKeep_pedalling Forumite
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    Chrissies wrote: »
    That sounds odd, Age UK (as HTA has morphed into) have plenty of info on their website on LPAs and I would have thought they would be the last people to put someone off doing one, however as HTA has not been in existence for over 7 years I doubt if he has spoken to them recently.

    Thanks Pedalling. He says he went last week so he must've meant Age UK. I'll have a look at their site.

    My parents are very old school and my dad hates spending money. This would be a big cash outlay for him and that would put him off.

    I unfortunately have no spare cash. I've been paying off a debt in order to try to move house and have been really struggling - ahandfulofbeansblog.wordpress.com shows a bit of my journey if anyone's interested.

    Are they on any form of means tested benefits such as pension credit? If so it is possible to get the registration fee waived.

    Alternatively they could complete all the forms and not register them until needed. There are a couple of reasons why this is not the best way to go, the first is that it would take around 8 weeks to get it in place and second is that if any errors have been made on the forms registration will fail and hat leaves the expensive option of going through the courts to obtain deputyship.
  • I realise I know nothing about this at all and am getting a bit concerned. I really need to look into it.

    I don't know anything about my parents' finances - they don't talk about them. However, they own their house and I believe have considerable savings. My uncle has said this to me and he has expressed annoyance that I have had to struggle to make ends meet when he thinks I could have been helped eg with the deposit on my property. While it's their money to do with as they want obviously; it does make me think POA could be reasonably easily organised if that is indeed the case.

    I really appreciate all your help with this, folks and will try to take some time off to get Dad down to Age UK again. I'd like to get Mum there too but there are some issues there I can't go into here, but which also make this pressing.
  • troubleinparadisetroubleinparadise Forumite
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    Chrissies wrote: »
    I realise I know nothing about this at all and am getting a bit concerned. I really need to look into it.

    I don't know anything about my parents' finances - they don't talk about them. However, they own their house and I believe have considerable savings. My uncle has said this to me and he has expressed annoyance that I have had to struggle to make ends meet when he thinks I could have been helped eg with the deposit on my property. While it's their money to do with as they want obviously; it does make me think POA could be reasonably easily organised if that is indeed the case.

    I really appreciate all your help with this, folks and will try to take some time off to get Dad down to Age UK again. I'd like to get Mum there too but there are some issues there I can't go into here, but which also make this pressing.

    It's very easy to read up on this online.

    Your father's views are not unusual - privacy and self-sufficiency are quite normal, but can create problems later - none insurmountable, but it does become somewhat more expensive and lengthy timewise to organise deputyship if necessary (payable by the donor ie, your parent/s) than LPA done whilst still having capacity.

    My mother was very reluctant, so my sibling and I organised it via a solicitor who talked to her alone to explain what it was all about. By this stage my mother had been diagnosed with dementia but still had capacity. Ultimately we only used it very late on in her life, but knowing we could handle her affairs was peace of mind for us.

    Along with Age UK, there are also some excellent online websites that deal with illness related issues such as dementia and other debilitating issues which of course is where family stepping in to help out is so necessary. Good luck ;)
  • xylophone wrote: »
    https://www.pofssavecredit.co.uk/POFS-NPS/contentHelp/frequently_asked_questions_websaver.html#7

    "Please note we will not agree to give anyone else authority over your Account except under an Enduring Power of Attorney or a Property and Financial Affairs Lasting Power of Attorney that is registered with the Court of Protection. Only in exceptional circumstances will we accept unregistered forms of Attorney or other third party authorities to operate the Account".

    Have you registered the Power as above?


    No - Only with the Office of the Public Guardian. What is the Court of Protection ? and how do I go about registering with them ?
    Seems an awful lot of hoops to jump through to get Mums Pension.
  • troubleinparadisetroubleinparadise Forumite
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    KevBristol wrote: »
    No - Only with the Office of the Public Guardian. What is the Court of Protection ? and how do I go about registering with them ?
    Seems an awful lot of hoops to jump through to get Mums Pension.

    Google is your friend:

    https://www.gov.uk/courts-tribunals/court-of-protection

    Whilst it might seem like unnecessary hoops just for a pension, it is protection for your mother's assets from an unscrupulous chancer. It just is what it is....
  • Google is your friend:

    https://www.gov.uk/courts-tribunals/court-of-protection

    Whilst it might seem like unnecessary hoops just for a pension, it is protection for your mother's assets from an unscrupulous chancer. It just is what it is....


    And another £400 plus solicitors fees.
    My question is:- why is a LPA accepted by banks, building societys, utilities but the Post Office require a Court of Protection Certificate,
    I am far from an unscrupulous chancer !
  • edited 17 December 2016 at 8:31PM
    pphillipspphillips Forumite
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    edited 17 December 2016 at 8:31PM
    There is some confusion here needs that needs clearing up.
    You only need to apply to the Court of Protection if the donor has already lost mental capacity and has not made an LPA or EPA. If the donor still has mental capacity then they can still make an LPA. The predecessor to an LPA was an EPA and an EPA didn't need to be registered until after the donor had lost mental capacity. The registration of EPA's used to be dealt with by the Court of Protection. Today the Court of Protection doesn't register EPA's or LPA's anymore as they passed on this responsibility to the Office of the Public Guardian.
  • Keep_pedallingKeep_pedalling Forumite
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    KevBristol wrote: »
    And another £400 plus solicitors fees.
    My question is:- why is a LPA accepted by banks, building societys, utilities but the Post Office require a Court of Protection Certificate,
    I am far from an unscrupulous chancer !

    You only need to apply to the court of protection if you don't have an LPA in place. Whosever you spoke to in the PO is wrong.
  • brionzbrionz Forumite
    40 posts
    I know that attorneys have to be 18 or over. However, on a LPA, can you name an attorney who is currently under 18 so that they can make decisions on my behalf once they turn 18? I am thinking of naming my wife and my children (under 18) as attorneys who can make decisions jointly and severally, plus a replacement attorney in the event that my wife cannot act in that capacity before my children turn 18. Would that work?
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