New power of attorney guide

Keep_pedalling

Spreadsheetman wrote: »

Interesting. When I set the LPA up for my Father who banked with Barclays there was a section on the form where you had to declare whether the person still had capacity or not. If you selected the no-capacity option it would cancel the donors cards and send all mail to the attorney's address. The capacity option kept the donor's account as normal, but added the attorney in parallel.

It sounds like some banks aren't as organised for dealing with LPAs as Barclays are. (they were very good and quick)

Or the attorney got it wrong.

Rich2808

We set up a lasting power of attorney for my mother for both health and welfare and property and financial affairs a while back.

Unfortunately the property and financial affairs LPOA returned by the OPG appears to have been lost - we still have the health and welfare one.

I am aware she can apply for an office copy for £35. But can we simply re-register a new LPOA?

My mother is entitled to a free LPOA set up as she gets council tax support - but would have to pay for the certified copy. Surely an original one is more useful - and it would save wasting £35

Is that an option - can you cancel and reset one up?

Keep_pedalling

Rich2808 wrote: »

We set up a lasting power of attorney for my mother for both health and welfare and property and financial affairs a while back.

Unfortunately the property and financial affairs LPOA returned by the OPG appears to have been lost - we still have the health and welfare one.

I am aware she can apply for an office copy for £35. But can we simply re-register a new LPOA?

My mother is entitled to a free LPOA set up as she gets council tax support - but would have to pay for the certified copy. Surely an original one is more useful - and it would save wasting £35

Is that an option - can you cancel and reset one up?

You could do that if she still has the mental capacity to do so, but getting a copy will be a lot faster. Whatever you do make sure you get certified copies made of the replacement, and keep one with each attorney.

NorthamptonNick

Hi, I have a question regarding who oversees all the companies setting up LPA's? My parents thought they had been very thorough and set up LPA's, along with funeral plans,Trust funds, DNR's nearly 5 years ago when both in full health, and sadly last year both were diagnosed with life-ending conditions and my father has dementia that has progressed so quickly that he cannot now be considered of suitable mental state. We've found out in the last couple of months that the company they entrusted received all the paperwork in order but failed to register correctly and have subsequently lost the documents. They aren't being helpful in resolving the issue, and also having taken full payment haven't offered by way of compensation a refund or monies to the equivalent value but we can't see who would be an ombudsman to take next steps with, only in relation to the funeral protection side of things.

Primrose

I'm very sorry you and your parents find yourself in this state. I'm not sure who the regulator would be in these circumstances. Have you contacted the Office of Public Guardian? They are obviously not a financial regulator but they have some helpful people there and might be able to point you in the right direction.


Age Concern might also be able to help you as I believe they have a legal advice centre.

pearl123

Hi, I've got two questions.
Regarding LPA witness signing. Can a GP who is acting as the 'certificate provider' also witness to both the Donors signature and the Attorney signature? (I know the Attorney can not witness the donor.)

Does the signed financial LPA need to be registered or can one hang onto it and just send it in at a later date? Even years later? I like the idea of it being sent in at a later date.

Any help appreciated. Thank you

elsien

Better registered even if not needed/used for some time.
You may have no warning of something that will affect your capacity, such as a stroke, and even though the attorney can register if you've lost capacity, if there's a problem with the paperwork meaning it couldn't be registered it'd be too late to rectify.

pearl123

elsien wrote: »

Better registered even if not needed/used for some time.
You may have no warning of something that will affect your capacity, such as a stroke, and even though the attorney can register if you've lost capacity, if there's a problem with the paperwork meaning it couldn't be registered it'd be too late to rectify.

I'm the Attorney registering the LPA on behalf of my mother. I just don't really want to get into keeping accounts justifying every single payment until I really have to. It's the extra work.

Keep_pedalling

I know the certificate provider can witness the donors signature. but it might be better for the attorneys to get separate witnesses.

The LPA should be registered straight away. If you leave it until it is needed you will have a gap of around 8 weeks before the OPG will get the documents back and if there are any errors in the application it could be rejected and if the donor has lost capacity the whole application fails.

pearl123

I found it "Your certificate provider can witness your and
your attorneys’ signatures." (from the official LPA)
However, still wondering if I can get it signed and then register it later? Has anyone waited?