Links to Guides for Wills Trusts and LPOA

DoneWorking

Hi 
I've read through lots of posts on here plus the general guides on mse.
Are there any other accessible free guides available I can look at for Wills Trusts and LPOA

I'm particularly interested in Trusts and Tax

But also any guides on the various issues relating to LPOA 

Is it fairly standard practice to make the LPOA actionable from the start even if Donor is well.

Is it fairly standard practice to allow attorneys to act separately as Jointly and Severally

Are there any safeguards to protect the donor and the attorney's from misuse of this option

What are the options for  preferences and instructions 

Is there any guide to standard items people use.

Do the duties of Certificate Holder end after the LPOA is in place 
Does their death affect the LPOA after it has been set up

Thanks 

Emmia

Normally a POA would not take effect whilst the person named is well and in control of their finances - I'm about to do mine and I'm certainly not handing control over immediately

DoneWorking

Emmia said:

Normally a POA would not take effect whilst the person named is well and in control of their finances - I'm about to do mine and I'm certainly not handing control over immediately

I think it makes it easier if you hand over control immediately .
Attorneys will not be able to act without your approval .
Until of course you are unable to manage your affairs.
I believe this is the main safe guard

Emmia

DoneWorking said:

Emmia said:

Normally a POA would not take effect whilst the person named is well and in control of their finances - I'm about to do mine and I'm certainly not handing control over immediately

I think it makes it easier if you hand over control immediately .
Attorneys will not be able to act without your approval .
Until of course you are unable to manage your affairs.
I believe this is the main safe guard

Your Attorney wouldn't need to act in any capacity whilst you're able to manage your own affairs. They only need to act in the event you're unable to do so. 

DoneWorking

Emmia said:

DoneWorking said:

Emmia said:

Normally a POA would not take effect whilst the person named is well and in control of their finances - I'm about to do mine and I'm certainly not handing control over immediately

I think it makes it easier if you hand over control immediately .
Attorneys will not be able to act without your approval .
Until of course you are unable to manage your affairs.
I believe this is the main safe guard

Your Attorney wouldn't need to act in any capacity whilst you're able to manage your own affairs. They only need to act in the event you're unable to do so. 

This is what it says on the Gov Online Application for LPOA 

The LPA can be used
Option

as soon as it's registered (with the donor's consent)

Most donors choose this option because it is the most practical. While the donor still has mental capacity, their attorneys can only act with the donor's permission. The donor will still be in control of all decisions affecting them.

Option
only if the donor does not have mental capacity

This means the attorneys can only act if the donor does not have mental capacity to make certain decisions themselves. Be careful as this option can make the LPA a lot less useful. Every time the attorneys try to use the LPA, they might be asked to prove that the donor does not have mental capacity.

This second option looks like a lot of work for the Attorney's 

badmemory

I have had a POA for over 10 years.  If one of those attorneys tried to use them now I would not be amused.

I suspect Martin who has had one even longer & is much much younger would not be too amused either.

DoneWorking

badmemory said:

I have had a POA for over 10 years.  If one of those attorneys tried to use them now I would not be amused.

I suspect Martin who has had one even longer & is much much younger would not be too amused either.

So no reason not to tick box allowing attorneys  to use LPOA as soon as it is registered. 
They can only do this with the donor's consent which of course we are unlikely to give unless things are getting real bad.

Savvy_Sue

We registered ours at the time of making, but no-one's tried to take advantage (good luck if they tried!) 

We are also attorneys for someone else, and theirs was also registered as soon as they drew it up. It meant that we could start acting as soon as it was wanted, and it does take a few weeks for registration to happen. Mentally they could still handle their own affairs, but practically it would be tricky - they can't sign things, limited mobility, never had any inclination to do 'stuff' online. And frankly, they don't WANT to be bothered with money any more!

DoneWorking

Savvy_Sue said:

We registered ours at the time of making, but no-one's tried to take advantage (good luck if they tried!) 

We are also attorneys for someone else, and theirs was also registered as soon as they drew it up. It meant that we could start acting as soon as it was wanted, and it does take a few weeks for registration to happen. Mentally they could still handle their own affairs, but practically it would be tricky - they can't sign things, limited mobility, never had any inclination to do 'stuff' online. And frankly, they don't WANT to be bothered with money any more!

Sounds good.

Did you make it so each Attorney can act separately.

Savvy_Sue

DoneWorking said:

Savvy_Sue said:

We registered ours at the time of making, but no-one's tried to take advantage (good luck if they tried!) 

We are also attorneys for someone else, and theirs was also registered as soon as they drew it up. It meant that we could start acting as soon as it was wanted, and it does take a few weeks for registration to happen. Mentally they could still handle their own affairs, but practically it would be tricky - they can't sign things, limited mobility, never had any inclination to do 'stuff' online. And frankly, they don't WANT to be bothered with money any more!

Sounds good.

Did you make it so each Attorney can act separately.

Yes, except in the matter of selling our house. We rather felt that we didn't want one of them taking that decision alone. Of course it may create huge problems when that time comes, but as I've always threatened to only leave this place in a box I hope not!