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New power of attorney guide

edited 21 December 2011 at 3:19PM in Marriage, Relationships & Families
629 replies 128.9K views
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Replies

  • MalthusianMalthusian Forumite
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    Yes, you do need to pay for it to be registered. The fee you paid Which Wills would have been for drawing up the forms. The Office of the Public Guardian aren't party to MSE offers.

    You don't have to register the forms immediately, but in practice you should do it as soon as possible, so that the OPG can send it back if there are any errors while you are still in a position to correct them. If you leave it until you've lost capacity, and it turns out that your forms had some kind of mistake on them, then you won't be able to sign new ones and you'll have wasted your £119 (although that will be small potatoes next to the problem of not having an attorney).

    The £225 will have to be paid at some point so there is no reason not to do it now.

    If you have low income and/or are on means-tested benefits you may be eligible to pay a reduced fee to the OPG.
  • edited 1 March 2017 at 2:31PM
    pphillipspphillips Forumite
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    edited 1 March 2017 at 2:31PM
    The fees will be reduced to £82 per application (£164 for both) on 01/04/2017 or soon afterwards, see: The Public Guardian (Fees, etc.) (Amendment) Regulations 2017.
  • Interesting, the forms say decitions must be made unamously if you choose to have them act jointly, so they don't seem to have caught up yet.

    I would still go down the J&S route as jointly still leaves to much room for things to go pear shaped especially as there could be many years between a LPA benign resgistered and the need for attornies to actually act.

    Edit - purely for interest, could you provide a link to that case law. The only one I could find was from 2013 where attorneys appointed to act J&S had a restriction added that ment a majority decistion was required. This restriction was struck out by the court as it went against the principle of acting J&S, indicating you still can't do this.

    http://www.lpauk.com/majority-decisions-from-attorneys/
    J&S is the only way to go. If you appoint jointly only and one attorney dies or loses capacity then the POA becomes worthless. I cannt emphasise it enough Never ever appoint jointly only.
  • susiebsusieb Forumite
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    Im only 48, but became ill last year so after seeing Martin on tv decided to read up.
    I completed the forms online, printed and got signed in the correct order, completed an exemption certificate as entitled to apply for free, posted them all off.
    No queries, POA recieved completed within 5 weeks.
    Found it fairly simple to do, getting the signatories in the correct order is the most complicated part.
    Always on the hunt for a bargain
  • FrogletinaFrogletina Forumite
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    Just looking for a bit of advice.

    I have just been appointed attorney for my ex-husband (we are separated, not divorced). When my ex was first given attendance allowance, he made a standing order for £160 a month to pay my daughter for help in the house. I am not sure when that began, but it is currently below the rate that it the allowance is now payable.

    She visits him at least 3 times a week to do his housework and washing, and takes him to all his appointments.

    I would like her to have the current rate of attendance allowance, and I am sure that there is no reason why that could not be done and he is still able to go the bank to arrange this if I am with him to explain although I know as an attorney that I can do this by myself.

    He is able to go by himself to get money when he needs it for his daily needs at the moment, but has a tendency to lose it from time to time.

    What I am less sure of though is if I can arrange for the difference between what he has paid her, and what the current allowance is, as had he been more financially aware I am sure he would have wanted her to have the amount he has been receiving.

    He is on no other benefits, and gets a state and a private pension.

    frogletina
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  • MalthusianMalthusian Forumite
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    Frogletina wrote: »
    What I am less sure of though is if I can arrange for the difference between what he has paid her, and what the current allowance is, as had he been more financially aware I am sure he would have wanted her to have the amount he has been receiving.

    So essentially you want to increase the amount he pays to the daughter for her care services and backdate the increase?

    My understanding is that the first bit should be fine (especially if, as I presume, he is still paying the daughter well below what he'd have to pay a professional carer for the same service). But the backdating may not be. She has already carried out the care services for the fee that was agreed at the time. Paying her extra on top sounds like a gift to me.

    Since he still apparently has mental capacity at times, surely he can pay her a bonus himself if that's what he wants? What you "would like" is not relevant as you are obligated to act in his interests alone.
  • MojisolaMojisola Forumite
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    Frogletina wrote: »
    When my ex was first given attendance allowance, he made a standing order for £160 a month to pay my daughter for help in the house. I am not sure when that began, but it is currently below the rate that it the allowance is now payable.

    She visits him at least 3 times a week to do his housework and washing, and takes him to all his appointments.

    Is she earning elsewhere? She can claim Carer's Allowance if she is spending 35 hours a week caring for him and not earning above £110 a week - https://www.gov.uk/carers-allowance/eligibility.

    He could top up the CA rate if he wanted to.
  • FrogletinaFrogletina Forumite
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    Mojisola wrote: »
    Is she earning elsewhere? She can claim Carer's Allowance if she is spending 35 hours a week caring for him and not earning above £110 a week - https://www.gov.uk/carers-allowance/eligibility.

    He could top up the CA rate if he wanted to.

    She is averaging 11 hours a week - an hour before work each morning, and two hours after work three times a week - and takes him to occasional appointments but certainly not anywhere near 35 hours a week. Thanks for the information though.

    frogletina
    Not Rachmaninov
    But Nyman
    The heart asks for pleasure first
    SPC 8 #441 £1567.31 SPC 9 #441 £1014.64 SPC 10 #441 £1164.13 SPC 11 #441 £1598.15 SPC 12 #63 994.67
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  • Thanks for all the useful info, folks. Since posting, my mum has had another couple of hospital stays. Dad has been appointed her carer and I have urged him to sort out attendance benefit for her which will lead on to other benefits that can help to make her life easier. He wants to be left to sort this all out himself and has an appointment with an adviser next week as they can't cope. I've had to take a step back as he is too stubborn and not interested in my help. I'm really concerned for Mum but there's nothing I can do. I imagine POA will not happen unless the adviser pushes it. My flat went on the market the week Mum was admitted to hospital and I need to find somewhere to move to! I'll just concentrate on that for the moment and do some meditation to clear my head.
  • edited 5 April 2017 at 8:32AM
    Peco141Peco141 Forumite
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    edited 5 April 2017 at 8:32AM
    My mum has cancer, diagnosed about a year ago and a stroke a couple months ago and while it's something I've been uncomfortable talking about my mum has asked me to arrange a power of attorney. She will get out of hospital this week for some quality of life and is 100 percent sound of mind.

    We're not in a position to take her to a solicitors as she is wheelchair bound. Would an solicitor come to the house presumably for a fee or would we be easier doing it online?

    If we do it online how does it become a certified copy?
    Alsdo, we live in Scotland and I'm assuming we require lasting power of attorney?
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