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Lasting power of attorney.

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Hi does anybody know if after registering the lasting power of attorney can the donor if they still has mental capacity are allowed to tell the attorney that they want to change their Will and can the attorney do it .


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  • Farway
    Farway Posts: 14,679 Forumite
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    edited 24 July 2023 at 10:21AM
    If the donor still has mental capacity, then they, the donor, should change the will. 
    I can foresee all sorts of legal challenges arising from those who maybe adversely affected if the attorney did it, very much open to abuse in some circumstances I would think
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  • Keep_pedalling
    Keep_pedalling Posts: 20,859 Forumite
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    Attorneys can’t make a will for the donor under any conditions. If the donor still has mental capacity I can’t understand why they can’t arrange it themselves.
  • Hi does anybody know if after registering the lasting power of attorney can the donor if they still has mental capacity are allowed to tell the attorney that they want to change their Will and can the attorney do it .



    YOUR WILL IS SEPERATE FROM LASTING POWER OF ATTORNEY ???
  • QrizB
    QrizB Posts: 18,262 Forumite
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    DOPY said:
    Hi does anybody know if after registering the lasting power of attorney can the donor if they still has mental capacity are allowed to tell the attorney that they want to change their Will and can the attorney do it .
    YOUR WILL IS SEPERATE FROM LASTING POWER OF ATTORNEY ???
    Yes?
    (And no need to shout.)
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  • Can I get a paper poa form? I’ve tried to do one online but I’m getting lost 
  • Floss
    Floss Posts: 9,015 Forumite
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    bb61 said:
    Can I get a paper poa form? I’ve tried to do one online but I’m getting lost 
    Download & print it off if you have a printer.
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  • Savvy_Sue
    Savvy_Sue Posts: 47,332 Forumite
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    Floss said:
    bb61 said:
    Can I get a paper poa form? I’ve tried to do one online but I’m getting lost 
    Download & print it off if you have a printer.
    If you don't, your local library may do so, or newsagent or print shop. 
    Signature removed for peace of mind
  • Just open a joint bank account with whoever it is. You can have as many current accounts as you like and most banks allow joint accounts with someone you have a connection with. When the person becomes incapacitated or dies, you are able to administer their financial affairs without any hassle, form filling or delay. You could apply for third party access but that lapses on their death - this is why a joint account is best, you can still use the account to settle bills and their estate after their demise.
    Sorry if this does not relate directly to the thread being about power of attorney, but as a carer for my learning disabled adult son for past few decades I have never needed LPA or encountered any hurdles by not having one. Our joint account enables me to manage it all. Ditto following my mum's recent death.... no faff or stress, I just quickly settled her estate with no need for an executor's bank account or such like, I just used our joint account to wrap it all up.
    So before getting knotted up with LPA (and the ongoing requirement to keep statements, receipts) and annually prove that you're acting in their best interests, consider if a simple joint bank account suits their needs and your needs,
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