I WANT TO SET UP POWER OF ATTORNEY ADVICE PLEASE

Susan1942

I am now 84 in pretty good health but realise that could change at any time. I have decided that I should set up power of attorney. For finance and health issues.

I have a son and daughter and would like to have both their names on the document. Currently my solicitor has got my will and the deeds for my apartment. Should I use them or use some who seem to be others out there who can do the service. It seems to be quite a lot more expensive to use my solicitor. Not sure if this is the correct forum to post on.

Keep_pedalling

It is relatively easy to do this yourself without the assistance of a solicitor.

You have posted this on the wrong board so I have asked the mods to move it to where you will get more visibility.

Susan1942

Thank you so much. Reckoned it was not the correct category

elsien

Have you talked to your son and daughter and are they willing to take this on?
If yes then they can help you to fill in the forms which can be done online - it only cost about £84 each for finances and health and welfare. I would suggest that you do both and you can also come on here and ask any questions if you aren’t sure. You can also print off the forms which then gives you a chance to go through each section at your own speed and discuss with your family what’s important to you.

You need to decide if your son and daughter can make decisions independently, or whether they would both need to agree . Be aware that if you put down that they can only act jointly if they can’t agree the power of attorney will effectively fail.

Also have a think for the health and welfare one if you want them to be able to make life and death decisions around end of life/resuscitation.
It’s definitely a good thing to have in place that will make things a lot easier if the time ever comes when it’s needed.

badger09

I’m a little younger than you (76) but did my own Power of Attorney for both Finance and Health & Welfare late last year. It’s a straightforward process and you can work through the forms at your own pace.

The guidance @ https://www.gov.uk/power-of-attorney

is clear and it saves your entries as you go along, giving you chance to change anything if you need to. If you’re reasonably comfortable filling in online forms I would do so. It costs £92 for each POA. Solicitor will charge a hefty fee for something you can almost certainly do yourself. Which? offer a checking service which my stepson used but I didn’t feel the need.

Do discuss with your son and daughter beforehand though.

Susan1942

Thanks so much for that information. My daughter would probably help me with it. She has got a law degree but works in insurance liability adjuster. I have made an appt to see my solicitor for a week on Thursday but I can cancel it. I had no idea how much it would cost and they said with VAT etc it is just over £1000. I thought that I would make them jointly but taking your advice sounds sensible.

I have not done it yet but it is my intention to put a DNR in place. My daughter is happy for me to do this but my son less so. He has said he respects my decision. I was a nurse and midwife and I want to do die with dignity rather than people jumping on my chest,

I was going put this in place around 5 years ago until I found out that I was to have a new grandchild. I was delighted with this news a wee surprise. She was 4 in January. I have 6 grandchildren whom I love dearly They are aged 30 28 23 21 15 and 4.

Thanks so you much for your advice. I will speak to my daughter about this over the weekend.

Purplelady65

Just something to be mindful of re the POA if you do it yourself. The forms have to be signed in a certain date order otherwise the POA will be rejected and you will be charged a resubmission fee. When I did it to keep things simple I asked everyone to put the same date on the form.

RAS

You certainly don't need solicitors to do this.

You need someone other than your children who can certify you are mentally competent. Doesn't need to be a professional and doesn't seem to be an issue based on your posts so far. So ideally a good friend who sees you regularly and is perhaps a bit younger (more likely to be around to answer OPG queries) and lives near enough that they can sign easily. You could start talking to them before you start filling in the form

And you need witness(es). They are just confirming that it really was you (for instance) signing the completed form. Your certificate provider can witness your signature.

Given the age of your grandchildren, you might also want to think about replacement attorneys, in case anything happens to your children. It's important to read the rules about how that affects decision making and decide how you want them to act if either of your main attorneys cannot act.

elsien

That is where the discussion beforehand and possibly also writing things down in the form of advanced decision is really useful. It leaves less agreement if you lose capacity..

I have been able to discuss with my mother where her boundary is with regards to active treatment versus comfort for example - some people are very much “throw at me everything you’ve got” while others never want to see the inside of a Hospital again.

myself and my siblings all whole power of attorney because my mother thought it was fair that way. But I am the one who knows her wishes the best so in reality the expectation is I will be the primary decision decision-maker for health and welfare. But that is a conversation that needs to happen in advance, which you have already started to do.

Keep_pedalling

https://forums.moneysavingexpert.com/discussion/comment/82012735#Comment_82012735

I would strongly advise against having your attorneys having to act jointly. This would cause your LPAs to fail if one of them could no longer act or choose not to act. Either give them the ability to act jointly and severally or appoint one as primary attorney and the other as back-up.

Albermarle

You need someone other than your children who can certify you are mentally competent. Doesn't need to be a professional and doesn't seem to be an issue based on your posts so far. So ideally a good friend who sees you regularly and is perhaps a bit younger (more likely to be around to answer OPG queries) and lives near enough that they can sign easily.

This is correct if the OP lives in England or Wales. However in Scotland a professional ( usually a solicitor) has to confirm that the donor fully understands what they are signing, even if they DIY the rest of the process. ( Not sure about Northern Ireland).

Another maybe useful point is that after you have filled in the forms online, you have to confirm that you are happy with all the details. At this point the application becomes official; a reference number is issued, and the money taken. If afterwards you notice a mistake, then you have to start a new application from scratch. All applications lapse, if the OPG does not receive the signed forms within a set period. So as the old/first application will not be followed through it will naturally lapse and eventually the money is refunded.