Will / LPA

boobyd

https://forums.moneysavingexpert.com/discussion/comment/81964815#Comment_81964815

Thanks.

That's what we want to do but are wary if we help them ,then is it undue influence?

Savvy_Sue

How much help do they need?

Is it mainly a case of helping them get quotes for wills / finding a solicitor they feel happy with?

Or are they asking you for advice on what to put in their wills?

Will you then need to make an appointment on their behalf, and even take them?

Generally, a solicitor would not have you in the room while taking their instructions - that definitely looks like inappropriate behaviour.

Spendless

I would say you need LPAs for both finance and health. We thought we didn't need health for my then 99yo Nan cos 'what on earth would we need it for at her age'. She lived a further 18 months and during that time it would have been better to have had it. A heads up that a solicitor will charge £100s for this (price we were quoted) versus doing it yourself online which is £92 per LPA and cheaper if you're on a lower income.

Re wills, whoever they wish to leave their estate to they would be better off putting the solicitor in the picture that they are not leaving anything to their kids and the solicitor will advise the best course of action so that their sons can't say they were influenced into disinheriting them.

H657

I too would say get both LPA types sorted and do this through a solicitor at the same time as doing the wills. A letter of explanation as to disinherting the sons is also a really good idea. This is the best way to protect both yourself & to ensure no future challenges to the will.

Although we didn’t have any estrangement issues, when sorting my mother’s LPAs & will I had a solicitor visit her at home to sort it all out and I stayed out of the room on both occasions in order to protect myself & my sister (as both her LPA attorneys & heirs) so there would be no issue of coercion if she “misremembered” later!!

Albermarle

https://forums.moneysavingexpert.com/discussion/comment/81966505#Comment_81966505

For sure you can DIY the LPAs. However if there is a possibility of a family dispute/objections about how it was done , it can be wise to involve a solicitor, just to avoid any future issues.

I believe in Scotland you have no choice but to involve a solicitor.

Silvertabby

If you believe that the to-be-disinherited sons are likely to kick off big time, it may be prudent for you to decline to be appointed as Executor of the Will.

If the estate is simple enough, the cost of appointing the solicitor as Executor could be well worth the deflection of the additional personal grief and accusations you'd get from the sons.

Spendless

https://forums.moneysavingexpert.com/discussion/comment/81966916#Comment_81966916

I can only speak for Engand (presumably Wales is the same) but you can't just send off for LPA for people and just them and you sign. There has to be a 3rd party too, on the form who is the one that explains to the people having the LPA (so in this case Aunt and Uncle) exactly what everything means and if they are ok with that. The 3rd party has to also sign. 3rd party can't be related, to the people who have LPA for their friends/family, unsure if they can be related to the people wanting one. We've done LPAs for my parents, FIL and Nan. My Dad initially refused to get LPAs done due to the cost quoted from their solicitor (close to or running into 4 figures for both parents). It was only when he read a 'horror story' about not having one in his newspaper that he finally believed me that they could be done online, it wouldn't cost anywhere near as much and that he needed them.

If you have LPA for someone who are legally obliged to 'act in their best interest'. If you get accused of not doing so, that you've had a solicitor set it up in the first place and paid them won't make any difference. You have to make sure that when you are acting it is in the person's best interests and keep evidence/receipts.

Wills are a seperate issue. In that case I would only use a solicitor and not a will writer or DIY it. It's likely as someone has already replied in a post they will likely want to know that Aunt and Uncle are in sound mind, possibly ask for a letter explaining their decision

Albermarle

https://forums.moneysavingexpert.com/discussion/comment/81967829#Comment_81967829

Everything you say is correct. However the criteria for the 'third party' ( officially known as the Certificate Provider) are not very onerous. Personally if I thought a family member might kick off , I would be tempted to get a professional involved to reduce the chance of any challenges. This is the guidance from the OPG.

A Certificate Provider must: 

• not be related to the donor or attorney(s) 
• be aged 18 or over 
• have known the donor well for at least two years 
• not be classed as an employee of the donor or attorney(s) 

They sign the LPA after the donor and the donor’s witness. Their role is to make sure the donor can understand independently what they are signing and is not being forced into doing it. Ideally a certificate provider will speak to the donor separately and privately before signing and witnessing the document. 

The certificate provider could also be a professional - someone with the skills to know if the donor is able to make the decision to make an LPA. For example: 

• a registered healthcare professional, such as the donor’s GP 
• a solicitor, barrister or advocate 
• a registered social worker 
• an independent mental capacity advocate