What Now For Power Of Attorney?

troubleinparadise

stuwho wrote: »

Just that it was cheaper than going to a solicitor. If we were to go to a solicitor, would they not have to contact her doctor anyway?

No, the solicitor could make a decision for him/her self as to whether she has the capacity to understand at that moment about granting attorneyship.

Keep_pedalling

stuwho wrote: »

So rather than pay a fortune to apply to the Court of Protection, would it just be easier to add one of her children on to her bank account, so that her account can be accessed to pay bills etc,& if she gets any worse, then as her will leaves her home to her children, it should be able to be sold after she passes away anyway? If it makes any difference, her estate will be worth around £60 - £70,000 as she has an interest only mortgage, & the inital loan which will be paid off when she passes away, was for around £30,000

Having a joint bank account is not really good enough. It does not allow you to act for them in dealling with organisations like the DWP. There is a also strong chance that she could end up needing residential care, then someone will almost certainly need the authority to sell the house to pay for it.

getmore4less

stuwho wrote: »

Just that it was cheaper than going to a solicitor. If we were to go to a solicitor, would they not have to contact her doctor anyway?

Seems to be you driving this not your mum,

That is not how LPA work your mum should be doing it.

Does your mum understand what a LPA donor is?
If not you won't get a certificate provider especially if you are initiating the contact any professional should refuse be very suspicious.

The certificate provider did not need to be a doctor or a solicitor, a knowledge based one would have done but back to the problem if she does not have a clue what what being donor is it will be fairly obvious.


For anyone out there being asked to be a certificate provider there are plenty of guides to help understand your obligations.

Keep_pedalling

troubleinparadise wrote: »

No, the solicitor could make a decision for him/her self as to whether she has the capacity to understand at that moment about granting attorneyship.

But like the GP a solicitor would need to convince themselves that she still had the mental capacity to do this. Unfortunately this sort of interviews can be stressful which can cause confusion and failure of the test.

The person who acts as the certificate provider does not need to be a professional person, it can also be someone who has known her for at least 2 years, so a close friend could do it, but they should only do it if your mother really does still have the capacity to know exactly what she is doing.

Sea_Shell

Yorkshireman99 wrote: »

The only choice is to apply to the Court of Protection.

https://www.gov.uk/become-deputy

It is not cheap.

https://www.gov.uk/become-deputy/fees

What happens in the case of the person not having funds to make the application, but not necessarily on benefits....Are they able to re-claim this cost from the donor, if the Donor has the funds to have paid for it, but have lost capacity to sort a PoA themselves.

I'm sure there are many families where a parent is relatively wealthy, but their adult kids (with family of their own) are struggling.

Keep_pedalling

Sea_Shell wrote: »

What happens in the case of the person not having funds to make the application, but not necessarily on benefits....Are they able to re-claim this cost from the donor, if the Donor has the funds to have paid for it, but have lost capacity to sort a PoA themselves.

I'm sure there are many families where a parent is relatively wealthy, but their adult kids (with family of their own) are struggling.

Attornies and deputies are allowed to to use the dornors assets to pay for any costs their have to pay in managing the donors affairs, court costs would be included in that.

Margot123

Keep_pedalling wrote: »

Attornies and deputies are allowed to to use the dornors assets to pay for any costs their have to pay in managing the donors affairs, court costs would be included in that.

However, wouldn't the potential attorney (in this case) have to fund everything in the interim?
If there is a fairly large family, perhaps they could chip in with help towards costs in the meantime? Some families can be amenable if they have a close relationship.

Keep_pedalling

Margot123 wrote: »

However, wouldn't the potential attorney (in this case) have to fund everything in the interim?
If there is a fairly large family, perhaps they could chip in with help towards costs in the meantime? Some families can be amenable if they have a close relationship.

Yes they would, and if the court refused the request to be appointed as deputy then you could not recover the court fees.

getmore4less

Try

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=4600

sheramber

Keep_pedalling wrote: »

But like the GP a solicitor would need to convince themselves that she still had the mental capacity to do this. Unfortunately this sort of interviews can be stressful which can cause confusion and failure of the test.

The person who acts as the certificate provider does not need to be a professional person, it can also be someone who has known her for at least 2 years, so a close friend could do it, but they should only do it if your mother really does still have the capacity to know exactly what she is doing.

The person signing the Certificate MUST be solicitor or doctor.

http://www.publicguardian-scotland.gov.uk/power-of-attorney/power-of-attorney/the-power-of-attorney-document#Certificate%20of%20capacity

Certificate of capacity

The certificate of capacity forms part of the PoA document. This certificate can only be completed by either a solicitor who is registered to practice law in Scotland or by a UK registered and licenced medical doctor (known as prescribed persons)


Before you sign and date the PoA document, a solicitor who is registered to practice law in Scotland or a UK medical doctor must interview you to ensure that you understand what you are doing by granting PoA. If the solicitor or medical doctor is satisfied that you understand they will sign the Schedule 1 certificate. This certificate will now form part of your PoA document.
Prior to approaching your doctor you might want to check their willingness to undertake the necessary interview assessment and certification step.