Solicitors asking for GP letter

Mrsemmapage

Hi there, hope someone can help.
We have a family friend, who has no children or partner and doesn't speak to siblings or other family. He came to us and asked if we would be able to give us power of attorney and also wants to leave us all his estate in his will. Today he went to a solicitor who told him before he does this he wants a Dr's letter to state he is of sound state of mind or he wants to refer him, for a cost to someone in the "Authorities" to put him through an assessment for the same. My friend is very upset by this and can't understand why he won't just do as he asks and I wondered if this, was standard practise for this type of thing. He is a sick man and just wants to get his affairs in order.

MovingForwards

It's to cover the lawyers !!! in case your friend isn't fit to do a POA, as you say 'he is a sick man'.

POPPYOSCAR

It is for his benefit this is being requested.

It protects him from being pushed into something he may not really want and being taken advantage of.

It also makes it harder for the will to be contested.

I cannot see the problem.

Mrsemmapage

I'm not saying it's a problem, I'm just asking for information as I don't know about these things and he was asking me to help him to find out why.

lisyloo

He does not need a solicitor to sort out power of attorney,
Lots of people do it without a solicitor.
A possibly issue is siblings contesting it which is less likely if it’s been prepared by a solicitor and had advice from them.

A solicitor is advisable for a will.
You can get it done with £100 charity donation
https://www.willaid.org.uk/will-makers

badger09

POPPYOSCAR wrote: »

It is for his benefit this is being requested.

It protects him from being pushed into something he may not really want and being taken advantage of.

It also makes it harder for the will to be contested.

I cannot see the problem.

I can't see the problem either, but I can understand why the friend might be upset.

OP, please explain to your friend that this is for his own protection, and as above, would make it harder for any excluded siblings or other family to contest the will.

TBagpuss

Mrsemmapage wrote: »

Hi there, hope someone can help.
We have a family friend, who has no children or partner and doesn't speak to siblings or other family. He came to us and asked if we would be able to give us power of attorney and also wants to leave us all his estate in his will. Today he went to a solicitor who told him before he does this he wants a Dr's letter to state he is of sound state of mind or he wants to refer him, for a cost to someone in the "Authorities" to put him through an assessment for the same. My friend is very upset by this and can't understand why he won't just do as he asks and I wondered if this, was standard practise for this type of thing. He is a sick man and just wants to get his affairs in order.

Yes, it is fairly common, where the person is in poor health sdo a question might be raised as to whether they had the mental capacity to make those decisions.

In a case where there is high risk of potential challenges (which may be the case here, as he is planning to exclude his immediate family ) a solicitormay well recommend that it is done even if there are no immediate signs that he might be losing capacity, as it priotects him (and you) by making it much harder for his siblings or other relatives to challenge his decisions.

Given that any challenge would be at the pont when he has either lost capcity and neds you to operate the PoA, or has dies and the family wants his money, the risk is that he won't be able to confirm his wishes, so having independet evidence that he was competent to make the decisions, is a good thing for everyone (except anyone trying to dispute his arrangemetns!)

onwards&upwards

He would need to go to the GP appointment either alone or with someone who has no interest in the contents of his will.

getmore4less

For LPA

He needs to find a certificate provider, that can be anyone but there are conditions, like they know you.

in the absence of any one that qualifies like friends or neighbours(I did our next door)

A solicitor that is being used for the first time may not be keen on doing that without if the person is not well and want more evidence
The Dr. is often a good choice if they are getting seen fairly regularly while they are ill.

Pretty much the same for a will, the solicitor will need to be sure they have capacity although there is no official record like there is with LPA.

Flugelhorn

I think many GPs are reluctant to do certificate provider forms unless they know the person really well - you need to check with the GP that they are happy to do this and what the costs are.

xylophone

I think many GPs are reluctant to do certificate provider forms unless they know the person really well - you need to check with the GP that they are happy to do this and what the costs are.

He is a sick man

If the gentleman is as ill as it appears I imagine his doctor would have been seeing him fairly frequently?