Help With Power of Attorney

louisews

Hi,

I am sorry if this is on the wrong board!

I am looking for a bit of help, if anyone can give advice. My mother is terminally ill and my stepfather and I need to do Power of Attorney before her condition deteriorates.

I had been reading previous MSE forum posts where others had used the OPG guides and forms to do their own POA. I'd like to do it myself and I wondered if anyone here who had done their own could give me advice on it and possibly check over my draft once completed?

I am also hoping for a bit of help re wording of an addition clause - my mother wants my stepfather and I to be joint attorneys and decisions to be made jointly with both in agreement, no seperate decisions. I am unsure how to word this to fit in with the document.

Thanks
Lou

g6jns_2

You do it online here. You answer the questions and the wording is generated. Just one thing. You do realise the power lapses upon death? Has your mum made a will?


https://www.lastingpowerofattorney.service.gov.uk/

WillowCat

Have you looked through the online forms on :

https://www.gov.uk/power-of-attorney/make-lasting-power ?

They are very straightforward and if I remember correctly do cover the scenario you mention of joint decisions only.

You need to be sure that your mother still has the capacity to make the decision to appoint the power of attorney. If in any doubt get a professional in to do a capacity test. I found a social worker who takes private cases and he did the test for a fraction of the fee a solicitor charges.

Be aware if you are joint attorneys making all decisions together I think the POA fails if either of you die or become incapacitated. If the decisions are jointly and severally then either can take on the task on their own.

I spent this morning at one of my gran's banks getting the POA registered - they would have required both attorneys to be present so there are some practical disadvantages too.

louisews

Thanks g6jns! I'm in Scotland, so will that still be ok to use? Yes, we do know it lapses upon death, as far as I am aware there is no will, I know mum had wanted to get things in writing and to a lawyer but then her illness got a lot worse and we've just been consumed by hospice visits. Thanks for your help.

Buzby

No - its a different ballgame here, and there has to be a stipuation that the requestor is domiciled there. My soliciror did one for £50 plust the £85 Guardian fees so worth it IMHO.

Keep_pedalling

Are you trying to set this up to cover finances, welfare or both?

I don't know how it is in Scotland, but if it's anything like England it takes around 8 weeks to get a POA in place once you have all the papers in order, and any mistakes will cause further delays, so unfortunately under the circumstances you may not be able to get this in place in time.

Savvy_Sue

Could you not get a solicitor to visit the hospice? There may not be any point, ie the laws of intestacy may be what Mum wants, but if not I'd put more effort into that, tbh.