New power of attorney guide

loulou41

Thanks if I understand correctly you can write anywhere there is a blank space! 77 yrs old hubby will not be pleased to do all this writing.

cherry76

Primrose got this from the office

Since the 1st July 2015 there is only a requirement for one certificate provider even if the donor chooses not to notify a person to be told. Any Lasting Power of Attorney (LPA) created before this date required two certificate providers if the donor chose not to have a person to be told

The info I got from the internet must be outdated. That's why it is important to create your power of attorney on the official website to avoid using outdated forms.

cherry76

Just wondering if you complete two poa for husband and wife. Can you use only one envelope for both forms? Or does it have to be one envelope per individual. Thanks

Primrose

We completed all four P of As - two for each of us and I put everything in the same large. envelope. I did put the two Documents for each of us in separate plastic see-through folders but this really isn't nececessary. It was just to make it easier for them at the other end to keep our respective documents separate.

It's much cheaper to do it this way and after all that effort and signature gathering, make sure you send it by registered mail. This is one package you definitely don't want going astray in the post!

Primrose

cherry76 wrote: »

Primrose got this from the office

Since the 1st July 2015 there is only a requirement for one certificate provider even if the donor chooses not to notify a person to be told. Any Lasting Power of Attorney (LPA) created before this date required two certificate providers if the donor chose not to have a person to be told

The info I got from the internet must be outdated. That's why it is important to create your power of attorney on the official website to avoid using outdated forms.

Thanks for posting this information. As you say, its important to be sure you are collecting information from the correct source. I believe there were one or two changes made to the whole process around this time to make it the forms slightly easier and shorter to complete so this may we'll have been one of them.

If you fill in the forms on the official website there is only printed space on one page provided for one Certificate Provider only.

Spreadsheetman

I have thought of a financial LPA question that I can't find guidance on and that no-one else has asked as far as I can tell. (everyone asks the question the other way round, which can lead to some sticky situations)

Q - Can the attorney make an interest-free loan to the donor and then repay the loan to themself some time later - e.g. to provide bridging cashflow in anticipation of a property being sold?

I can't see why not provided there are bank statements to show the in+out transactions so it can be justified if inspected later. Anyone know better?

Primrose

I don't know of any reason why this could not happen providing the transaction is seen transparently to be in the interest of the person they are representing.
The problem is that getting one,s own finances mixed up with those of the person they represent could risk clouding the lines of responsibility, Although it might not apply in this case it might be that in certain circumstances it would be a good idea for the attorney to set up a separate bank account for channelling funds relating to the donor so that transparency is seen at all times. Setting up a separate account would at least show the desire to keep any such funds clearly separated and accounted for.

cherry76

Read that attorneys can witness each other signatures. What if they are siblings and live at the same address like the donor? I am aware that an attorney cannot witness the donor signature or be a certificate provider. I am just considering my options for witnesses just to avoid one person having to fill the details. Thanks

Malthusian

Spreadsheetman wrote: »

Q - Can the attorney make an interest-free loan to the donor and then repay the loan to themself some time later - e.g. to provide bridging cashflow in anticipation of a property being sold?

No reason why not, but I have to ask what happens if the property can't be sold for an extended period and the attorney needs their money back. The donor can't repay it unless there's a binding agreement to (i.e. to be repaid when the house is sold) as it won't be in their interests.

cherry76 wrote:

Read that attorneys can witness each other signatures. What if they are siblings and live at the same address like the donor?

It doesn't make any difference - they can still witness each other's signature.

loulou41

Do you need to put the title, first and middle name as a witness on a poa? I f you have got a long name there is not enough room.Also do you have to write in capital letters?