New power of attorney guide 13 December 2011 at 12:57PM edited 21 December 2011 at 2:19PM in Marriage, Relationships & Families 678 replies 134.5K views

Primrose

pphillips wrote: »

But if your solicitor is offering to do the work for free then it's a no brainer, much better to be covered by the solicitor's professional indemnity insurance in case anything goes wrong.

Yes having a solicitor do the work free of charge will save you hassle, but if they,re offering this service because of a guilty conscience they lost your mother's original documents because of incompetence, will you trust them to get these ones right and give you the necessary guidance to make them inclusive enough to do the job required?

Ask them how many of these documents they've prepared for other clients and whether there has ever been any issue with any of them. After all, you would presumably check on refererences for other tradesmen and solicitors , like other professions can sometimes get it wrong. Perhaps ask around in the local community and see what sort of reputation they've got?

pphillips

Primrose wrote: »

Yes having a solicitor do the work free of charge will save you hassle, but if they,re offering this service because of a guilty conscience they lost your mother's original documents because of incompetence, will you trust them to get these ones right and give you the necessary guidance to make them inclusive enough to do the job required?

Ask them how many of these documents they've prepared for other clients and whether there has ever been any issue with any of them. After all, you would presumably check on refererences for other tradesmen and solicitors , like other professions can sometimes get it wrong. Perhaps ask around in the local community and see what sort of reputation they've got?

Useful info for someone looking for a solicitor, but why would you bother asking these sorts of questions when the solicitor is offering to work for free? If you have the money to waste on instructing a different firm then that's fine. But the alternative is DIY, this is only suitable when you are willing to accept the consequences of having no insurance if you make a mistake.

Stoodles

This is one of the largest firms in the area, with nine offices across two counties. My family has used them for three generations, and never had a problem. My main concern is that it took them so long to admit to the problem. I think it would have been better customer service to be open straight away. I've made a complaint to their internal system, and will wait to see the outcome before I decide whether to take it further. I've also asked them to confirm that other documents they hold are still available.


I'm going ahead with the two Powers they suggest. Having read around a bit, there seems to be little practical difference, except in the obligations to inform family members. I'd be telling everyone relevant anyway, so that isn't an issue.



I've checked the draft forms very carefully, and will make sure I have hard copies.

pphillips

You can only use the original document or a certified copy.

Keep_pedalling

pphillips wrote: »

You can only use the original document or a certified copy.

Hopefully the solicitor will provide a certified copy for each attorney as part of the service.

LPM

Please could Martin bring pressure to bear on financial institutions so those who hold LPA can open accounts on line to take advantage of best available interest rates. I check the lists and then go through the opening procedure only to find that I cannot apply on line or the account is not available to PoA. If Martin could indicate which accounts are discriminatory in this way, it would save us a lot of time. Thanks

Primrose

LPM wrote: »

Please could Martin bring pressure to bear on financial institutions so those who hold LPA can open accounts on line to take advantage of best available interest rates. I check the lists and then go through the opening procedure only to find that I cannot apply on line or the account is not available to PoA. If Martin could indicate which accounts are discriminatory in this way, it would save us a lot of time. Thanks

I would certainly endorse this request. Attorneys have a difficult enough job and time consumming life managing somebody else's financial affairs anyway and it is often complicated by banks not listing up front that certain accounts are not available to be operated by a power of attorney.

If the MSE account listings could show this information in their tables up front it would be very helpful.

badmemory

Primrose wrote: »

I would certainly endorse this request. Attorneys have a difficult enough job and time consumming life managing somebody else's financial affairs anyway and it is often complicated by banks not listing up front that certain accounts are not available to be operated by a power of attorney.

If the MSE account listings could show this information in their tables up front it would be very helpful.

Totally agree.


I was going in to 1 bank every 2 or 3 months & getting a chq for £5k to transfer money to another bank. I had to take time off work to do it. I was visiting daily after work & frankly was feeling drained & stressed. It is no fun visiting someone even in a home when they have dementia. If I could have transferred it online it would have got a little more interest & made life a lot easier. The reason I couldn't do it online - to stop me stealing her money. No-one ever in the over 3 years I did that ever questioned why I was withdrawing a chq for £5K. I could, always supposing I wanted to, have stolen the lot & I doubt they would have noticed, so what was the point?

Enoughisenough

Hi,

I am currently in the process of selling my mother’s house as she has moved into residential care and the proceeds are needed to pay the fees. I have an LPA, however her middle name is not printed on this, an oversight on my part as I must not have put it in the form. As her middle name does appear on the title deeds for the house, my solicitors are now requesting a statement of truth to certify that this is the same person named in the LPA. Is this necessary or an expense that is not actually required?

Any help/advice greatly appreciated.

pphillips

I think your solicitors are being over cautious, a missing middle name on an LPA is an immaterial error that does not affect its validity. If the banks accepted the LPA then I don't see why it would be rejected by Land Registry.