Lasting Power of Attorney and fee exemption

feet_up

I am the 'certificate provider' for someone who is on benefit - her daughter manages her finances and will be the 'attorney'

Who has to sign the form for fee remission?

I don't wish to apply because I don't feel I know the financial affairs and neither does the 'Donor' who while she is of sound mind is too ill to manage her finances.

It seem common sense that this should be ok, but odoes anyone know?

Have been unable to get through to Helpline, or get a reply from their email service.

Thanks

calcotti

I am not clear what you are asking. On the one hand your say you and the donor don’t want to apply for fee remission but then ask who has to sign for it.

I have found them very good at replying to emails but it can take up to three weeks.

Mxsaintlu

Hello.   We've recently (last year) successfully applied for POA (both types) for someone.  Whoever is applying to register the POA has to sign the fee remission part.  In your case, that's the daughter who's applying for Power Of Attorney.    All *you do is sign where the forms require you to sign, after you've checked that the Donor understands what they're doing, and is comfortable with it.  

The second part of your post:  "I don't wish to apply because I don't feel I know the financial affairs and neither does the 'Donor' who while she is of sound mind is too ill to manage her finances."

The Mental Capacity Act (MCA) applies here. You don't need to know the person's financial affairs, you just need to make sure they (Donor) knows what they're doing in making the Power of Attorney.  I'm guessing the daughter is trying to help protect their parent whilst said parent is still of sound mind (has capacity).   You write that the Donor is of sound mind, but cannot manage their finances.  That sounds like perfect timing for the Power of Attorney.  Yes, I'd agree to that, because the Donor is of sound mind, but needs help managing their money.   That's what the POA is for.   

In case you haven't already read it, this is the guide to completing the forms.   Any questions, just ask.  I was going to post the guide for this, but don't have the right to do that just yet.  Ask google for the Lasting Power of Attorney guide.  

2 things to note: 
Keep your signature within the boxes (use post-it notes to prevent anyone's autograph from going over the lines). 

Don't amend anything.   If you make a mistake, print that page out again, and complete it again.  Any amendments will result in the whole thing being rejected, and the application will have to be submitted again. That includes "going over your own signature/dates" to make sure they're clear.   Don't do that.  If they're not clear, print off a new page, and complete that part afresh.  

As of last November, a straightforward POA (no instructions) took about 3-4 months to be registered.