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Wills and Power Of Attorney

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Comments

  • lukewarn
    lukewarn Posts: 33 Forumite
    LPA's are easy to do yourself - lots of advice online.

    Solicitors like LPA's,it's easy money for not much work.

    When my mam was in a care home a few years back,I was asked did I have an LPA in place and I said no.

    Within 10 minutes of me getting back from the care home a solicitor rang to tell me that he would only charge me £600 for each LPA plus application fees.

    When I queried whether application fees were payable as they are exempt for people in receipt of certain benefits he said "are you sure ?"

    I told him,"sounds like I know more about this than you, forget it."

    In the end,I did it all myself and didn't pay a penny.
  • jnielow
    jnielow Posts: 54 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Hello Everybody, Many thanks for the really helpful replies. I think I just needed some reassurance, I to felt the quote to be a rip-off so to speak.


    Will certainly approach a solicitor re wills and do the LPA's myself.


    Thankyou guys for the great advice!.


    Jason
  • badmemory
    badmemory Posts: 10,504 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper
    From what I saw when doing my own POAs is to avoid the "law of unintended consequences". This can happen when you list too much of what you want to happen. For example, if you say that you want the hospital to involve your attorney in decisions about your treatment it is possible that a GP might see that as you wishing to exclude any GP treatment from that involvement.


    The attorney/s you choose should be someone you trust implicitly & preferably agrees with your thinking. That may sound obvious but read a few threads on here about attorneys who abuse their position!
  • Can anyone help please. My Father has a POA for a friend to run his financial and health affairs and he wants to add myself and my sister meaning that there will be three of us helping out.


    I have looked on the OPG to query whether I need to cancel the old one and apply for a new one and its not clear. What form do I need to fill in? I don't really want to cancel the existing one because I understand that it takes a number of months to set up a new one and I don't want a gap!
  • Primrose
    Primrose Posts: 10,721 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've been Money Tipped!
    The existing p of A should not be cancelled but I'm afraid a donor can,t simply add existing ttorneys to an old form. He will have to start the process from scratch again including all three attorneys onto a new document and pay a new fee.
    This can of course be don online on the office of Public Guardian site. I think it is currently taking about 8 weeks for the documents to be processed and registered. Sorry but as far as I'm aware there are no short cuts to the process.

    When you say "He" wants to add myself and my sister as attorneys I'm assuming you're referring to the gentleman whose affairs are being managed? Your father has no right to choose additional attorneys. It is only the donor of the document who can choose who he wants to act as his attorneys.
  • If the donor still has the mental capacity to do so they will have to apply for a new one, but the existing one does not fail until the new one is registered.

    If he does not have capacity then a new one cannot be applied for.
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