Buying house where family have LPA

frogglet

I managed my mums and aunties affairs without having LPA, banking done online, i had the pin numbers if they ever needed cash. 

AdrianC

frogglet said:

I managed my mums and aunties affairs without having LPA, banking done online, i had the pin numbers if they ever needed cash. 

<wince> That's just asking for a ton of bricks coming your way if ever anything went wrong.

And, apart from anything else, it doesn't help with anything wider than simple online banking transactions.

frogglet

AdrianC said:

frogglet said:

I managed my mums and aunties affairs without having LPA, banking done online, i had the pin numbers if they ever needed cash. 

<wince> That's just asking for a ton of bricks coming your way if ever anything went wrong.

And, apart from anything else, it doesn't help with anything wider than simple online banking transactions.

Like the majority of people in this country, they had no complicated investments , trust funds etc to manage. Purely bills and food, bills all by direct debit, nothing more complicated than that.  That's the way the average person lives.
After they died no one comes along and wants to see weekly receipts for chocolate biscuits or incontinence pads or to check we had over bought on the beans.
I suspect there are lots of people doing what me and my sibling did.
Not all people are untrustworthy advantage takers of the vulnerable. 

AdrianC

Which is all very lovely until there's a problem with the online banking, and the bank start to look into who actually has access to it... or a family member raises an issue...

manc_doc

Friends of mine have been in a very similar situation - long delay to get the POA registered, then the owner died, still waiting for probate months later. 
I'd keep an eye on what else is coming on the market just in case this takes a very long time.

Keep_pedalling

frogglet said:

AdrianC said:

frogglet said:

I managed my mums and aunties affairs without having LPA, banking done online, i had the pin numbers if they ever needed cash. 

<wince> That's just asking for a ton of bricks coming your way if ever anything went wrong.

And, apart from anything else, it doesn't help with anything wider than simple online banking transactions.

Like the majority of people in this country, they had no complicated investments , trust funds etc to manage. Purely bills and food, bills all by direct debit, nothing more complicated than that.  That's the way the average person lives.
After they died no one comes along and wants to see weekly receipts for chocolate biscuits or incontinence pads or to check we had over bought on the beans.
I suspect there are lots of people doing what me and my sibling did.
Not all people are untrustworthy advantage takers of the vulnerable. 

My mother also had no financial complications, but I still did it the legal route with a LPA. When she went into care it was vital to have the financial  LPA in place. You may also need a Health and Welfare LPA as well.

No one knows what might happen to them tomorrow let alone long term, and regardless of age and financial situation adults really should have LPAs in place to make life easier for their loved ones should you become incapacitated for whatever reason. 

Thrugelmir

GN2020 said:

SallyDucati said:

It was a few years ago that I registered financial LPA for my Mum with the Office of the Public Guardian (the body they are registered with) but I do think it took longer than a week and that was through a solicitor.  Currently looks like 8-10 weeks.
https://www.gov.uk/power-of-attorney/register

Register a lasting power of attorney

When you’ve made your lasting power of attorney (LPA), you need to register it with the Office of the Public Guardian (OPG).

It takes between 8 and 10 weeks to register an LPA if there are no mistakes in the application.

You can apply to register your LPA yourself if you’re able to make your own decisions.

Your attorney can also register it for you. You’ll be told if they do and you can object to the registration.

Unfortunately looks like you might have to wait, if sadly the owner passes soon.  

Sorry to not be more optimistic for you.

Please don’t apologise, I appreciate your response 😊

The main thing that’s miffed me is that the estate agent has admitted they didn’t know it wasn’t registered. 

Had they checked it could have all been sorted out by now. 

That's why a solicitor is employed. Be miffed at the vendors. They would have been advised of the process when the LPA was drawn up by their solicitor.  Unless they thought they could bend the rules of course............ 

GN2020

Keep_pedalling said:

greatcrested said:

GN2020 said:

greatcrested said:

I'm surprised the POA has to be registered - my recollection from my own parents was that we could manage their affairs without registering it - but I'm not a lawyer!

More oncerning is the poor health. If the owner should die, the POA will immediateky lapse and it will be the Executers of the Estate(if there is a will) who would take over. May be the same people but the process is different and Probate would need to be granted before the sale could go ahead.

Apparently the POA has to be registered before they can legally sell her house. 

I was told there are some circumstances where it doesn’t need to be registered straight away but for a property sale, it has to be. 

Nothing is ever straight forward is it! 🙄

I’ve heard some horror stories about probate taking months and months! 

Just have to see where things are up to in the new year and go from there really. 

Ah! In our case it was the 'old style' POA befoe LPOA were introduced.

That would have been the old Enduring power of attorney (EPA). Lasting powers of attorney (LPA) replaced those and should always be registered from day one. It is the attorneys who are at fault over this one, quite how they have managed to look after the vendors affairs up to now without doing so is odd.

That’s what has me scratching my head.
How on earth have they been dealing with her financials if it’s not wholly legitimate?? 

GN2020

manc_doc said:

Friends of mine have been in a very similar situation - long delay to get the POA registered, then the owner died, still waiting for probate months later. 
I'd keep an eye on what else is coming on the market just in case this takes a very long time.

We’re fortunate that we’re FTB so we have nothing to sell and it’s not the end of the world if we wait, depending on how long it could actually take etc, we can’t still be waiting this time next year so I’m still keeping my eye out for anything else out there just in case. 

GN2020

Thrugelmir said:

GN2020 said:

SallyDucati said:

It was a few years ago that I registered financial LPA for my Mum with the Office of the Public Guardian (the body they are registered with) but I do think it took longer than a week and that was through a solicitor.  Currently looks like 8-10 weeks.
https://www.gov.uk/power-of-attorney/register

Register a lasting power of attorney

When you’ve made your lasting power of attorney (LPA), you need to register it with the Office of the Public Guardian (OPG).

It takes between 8 and 10 weeks to register an LPA if there are no mistakes in the application.

You can apply to register your LPA yourself if you’re able to make your own decisions.

Your attorney can also register it for you. You’ll be told if they do and you can object to the registration.

Unfortunately looks like you might have to wait, if sadly the owner passes soon.  

Sorry to not be more optimistic for you.

Please don’t apologise, I appreciate your response 😊

The main thing that’s miffed me is that the estate agent has admitted they didn’t know it wasn’t registered. 

Had they checked it could have all been sorted out by now. 

That's why a solicitor is employed. Be miffed at the vendors. They would have been advised of the process when the LPA was drawn up by their solicitor.  Unless they thought they could bend the rules of course............ 

I know they can do the LPA themselves, but am I right in thinking that when they accepted our offer, their solicitor should have picked up on this straight away?