Lasting Power of Attorney

Albermarle

Cressida100 said:

I've recently completed my POAs. You can dip in and out when creating them. I was a bit daunted by the language but took my time understanding the terms and managed it with no problems. If you start it and leave it for a  period of weeks you will get a reminder email from them.

There is a time limit. If you leave it open too long they will cancel it.

I filled one in wrong, but only realised after I had paid the £82 on line and the application was confirmed.
What you have to do then is just not follow that application up/do not send the signed forms in. After a while they cancel the application and eventually refund the money.
In the meantime you just start a new application.

OP - A solicitor can be useful if there is any question mark over the donors ability to understand what they are doing. If it is borderline ( eg if they have some cognitive impairment but have good days ) there may be people around  who may be suspicious of your motives and object to the PoA, by saying the donor was not capable of understanding at the time, especially if the donor had then deteriorated.
In this case if a solicitor can confirm that the donor understood what they were signing at the time then this solves any issues.
However if the donor is clearly compos mentis and/or no one is likely to object later, then no need to pay any professional to get involved.
Unless you are in Scotland where it is compulsory I think.

elsien

It’s also possible for the donor to certify copies themselves rather than go through a solicitor although it can be onerous depending on how many copies you want.

sgx2000

Fermion said:

We have done the DIY route a few times. We have mutual active LPoA. The only potential pitfall is not to tick the box that says "I only want the LPoA to take effect when I have lost mental capacity" if you tick this box the LPoA is pointless as it's inactive until a GP signs a mental capacity statement (which often they wont do until it's too late).

Once the LPOA is issued remember to create an online account with the OPG so you can transfer digital copies of the LPoA to financial institutions. Avoids having to get copies certified by a solicitor (at a cost)

Opg?........

Grumpy_chap

sgx2000 said:

Opg?........

Office of the Public Guardian 

Sea_Shell

Fermion said:

We have done the DIY route a few times. We have mutual active LPoA. The only potential pitfall is not to tick the box that says "I only want the LPoA to take effect when I have lost mental capacity" if you tick this box the LPoA is pointless as it's inactive until a GP signs a mental capacity statement (which often they wont do until it's too late).

Once the LPOA is issued remember to create an online account with the OPG so you can transfer digital copies of the LPoA to financial institutions. Avoids having to get copies certified by a solicitor (at a cost)

On this point...Who needs to create the account with the OPG, the donor or the attorney??    Can this be done at any time once the LPOA is registered?

My in-laws have done theirs and registered them, and we have a copy, but don't have an on-line account.  I don't think they have either, unless this is created at the time of making them (done on line DIY).

Should this be on our to-do list.   Or do you only really need to create an account at the point you want to use them?


ETA - Just checked, and they made theirs in 2015, so they fall outside of being able to use that service.   Oh, that's a pain.  

DillonTheCatMSE

I've done 6 this year (both for elderly parent, and thank god we have them because I'm needing them weekly right now) and both for my OH and I. The process is pretty straight-forward, but as others have said, make sure you get them all signed in the right order, or just work through it in one day and get them all dated on that day.

Had one returned by the OPG because the certificate provider made a mess of writing the date and failed to initial the correction, but it was solved pretty easily by getting everything re-signed and dated from that point.

Andy_L

Fermion said:

We have done the DIY route a few times. We have mutual active LPoA. The only potential pitfall is not to tick the box that says "I only want the LPoA to take effect when I have lost mental capacity" if you tick this box the LPoA is pointless as it's inactive until a GP signs a mental capacity statement (which often they wont do until it's too late).

Once the LPOA is issued remember to create an online account with the OPG so you can transfer digital copies of the LPoA to financial institutions. Avoids having to get copies certified by a solicitor (at a cost)

Unfortunately theres a lot of organisations that dont do the digital system but still want paper copies.

Farside71

Has anyone done DIY in Scotland, I am about to start looking into it and been told it is not as simple as England 

Albermarle

Sea_Shell said:

Fermion said:

We have done the DIY route a few times. We have mutual active LPoA. The only potential pitfall is not to tick the box that says "I only want the LPoA to take effect when I have lost mental capacity" if you tick this box the LPoA is pointless as it's inactive until a GP signs a mental capacity statement (which often they wont do until it's too late).

Once the LPOA is issued remember to create an online account with the OPG so you can transfer digital copies of the LPoA to financial institutions. Avoids having to get copies certified by a solicitor (at a cost)

On this point...Who needs to create the account with the OPG, the donor or the attorney??    Can this be done at any time once the LPOA is registered? I think both can have an account

My in-laws have done theirs and registered them, and we have a copy, but don't have an on-line account.  I don't think they have either, unless this is created at the time of making them (done on line DIY).

Should this be on our to-do list.   Or do you only really need to create an account at the point you want to use them? You can do it in advance or wait. As long as the LPA is registered then should be no issues.


ETA - Just checked, and they made theirs in 2015, so they fall outside of being able to use that service.   Oh, that's a pain.  

Comments in bold

bluebirdy

I’m new to doing this - hope the OP doesn’t mind me jumping on thread to ask a question. Have just started this process for myself and spouse. 

Is a “certificate provider” a solicitor? Or is it in effect just like a professional witness, as you’d have, say, for a passport ID check? Or can it be anyone? I don’t really understand that bit.