Power of Attorney

We used our solicitor for both for my mum in law and my mum Expensive but just didn’t wish to make any errors

However it's done- just do it! (DH & I did ours, years ago. We nominated each other, plus our only child, & a niece.)
PoAs were in place for each of our DMs, thank goodness. (Both have now died but their latter years were helped significantly by POAs being in place.) IMO "health" and "wealth" PoAs are both needed - don't just do "wealth"!

Did the financial one online some time ago. Takes a long, long time for them to complete it. Be very, very careful to follow the instructions carefully. They will charge again for any requirement to reprocess it all!

Newquay

We had “old” LPAs so in the process of doing new health LPA. Friend did one easily-for free-online. I foolishly (!) instructed solicitor I know who wanted to charge £400 now reduced to £280(!)
Having worked in law you wouldn’t believe the problems people cause with DIY wills and LPAs though

Completely agree, there’s many a slip up. I would always instruct a solicitor as it could end up costing you a lot more than £280.

A wee warning!!!

The process is different in Scotland. The Scottish POA includes both Finance and Welfare, so you only need one not two separate ones. We used a solicitor to draw ours up when DH began to show signs of Dementia. However, when DH had to move into a Care Home and was initially paying full fees, I had a terrible time with the Bristol based stock brokers, who did not understand this and kept demanding a finance only POA before they would allow me to sell his investments to pay the CH fees.

I had to escalate this dilemma to the very top of the brokers and eventually was able to speak to a 'High Heed Yin' who agreed to change their guidance and rules to include Scottish domiciled investors. Their problem was that they operated exclusively under English Law which is of course different from Scots Law.

During all this palaver I was supported by my friendly solicitor. She told me that she had been involved in many complicated cases where Scottish domiciled people had completed the 2 POA documents themselves on line without realising that they should have been applying for the single Scottish POA.

Please check them thoroughly MIL went with her (idiot) younger son and neither of them noticed that her birthday was incorrect. By the time anyone noticed (it was the Bank that spotted it) MiL was in the Nursing Home, the house sale was delayed for months whilst they sorted it out. Fortunately the buyer was happy to wait ( he got the house cheap for a ‘quick’ sale)
The Solicitor was a ‘mate’ of my BIL so how they sorted it out when MIL had Dementia by then is anyones guess.

Germanshepherdsmum

Missedout makes a very valid point. If a solicitor prepares the LPA they will have to satisfy themselves that the person giving the LPA is mentally capable. In the case of a DIY one prepared online, who is going to provide evidence of mental capability if it’s ever challenged? Look at the references in this thread to people doing it for someone else, who then only needs to add their signature. You might think it would never happen to you but families fall out, especially where money is involved. Paying a solicitor to do something can often save a great deal of trouble and expense later.

Well I was going to do it myself but after reading this I’m going to find out how much a solicitor will charge to do both the health part and the finance part..

Missedout makes a very valid point. If a solicitor prepares the LPA they will have to satisfy themselves that the person giving the LPA is mentally capable. In the case of a DIY one prepared online, who is going to provide evidence of mental capability if it’s ever challenged? Look at the references in this thread to people doing it for someone else, who then only needs to add their signature. You might think it would never happen to you but families fall out, especially where money is involved. Paying a solicitor to do something can often save a great deal of trouble and expense later.

crazyH

I have 3 children…..how does that work ?

We went with the elder two mainly because the eldest is very decisive and hets things done and our son works in the financial sector and is clearheaded and understands the process. Number three is relieved not to be involved.

My cousin's stepson is making life a misery for my cousin and her adult children. The stepson is challenging the POA in place for his father (who now has dementia) and has involved Social Services. If there are any possibilities of complications like this, I would not go down the DIY route.

EPA'S are still valid but are only for finance. It is worth doing an LPA for health but really easy to do yourself on line.

We recently updated our wills but have not yet gone down the POA road.
We have three children . It does appear to be a sensible thing to do but I am not really clear about what it entails from a legal perspective. Can some one clarify for me and are there any downsides we need to be aware of. When we do decide we would do it through a solicitor.,

We had “old” LPAs so in the process of doing new health LPA. Friend did one easily-for free-online. I foolishly (!) instructed solicitor I know who wanted to charge £400 now reduced to £280(!)
Having worked in law you wouldn’t believe the problems people cause with DIY wills and LPAs though

I also filled in the old enduring power of attorney and gave it to one of my daughters years ago. When OH and are were updating our wills, I mentioned it to the solicitor who did not really comment but then tried to sell his services (at quite a cost) to my OH to do a EPA. I took it that my old one is adequate as he didn't try to sell me a new one.

The old power of attorney that my mother filled in was a life saver to me when she started with dementia. It made a very difficult situation slightly easier.

Cabbie 21
“ We have the old Enduring Power of Attorney. I don’t know if it would be worth redoing them under the current LPA. Has anyone done this?”

I think it would be a good idea. I’ve validated my Mum’s EPA so can manage the rental of her home and her finances now that she is in a care home. The health and welfare side of her affairs could potentially be more problematic as EPA doesn’t cover that. Mum made a living will at the same time as her EPA so her decisions about eg treatment in the event of life threatening illness are clear. Her care home and GP surgery have kept me informed about Mum’s health and treatment as “ good practice” but on balance I think LPAs for finance and health and welfare would make everything formal.

I put my OH and all 4 of my children down on the form - they do not have to all do it together, they can nominate the one who is most available/ willing to do it at the time. That way I’m covering all my bases . You have to get all their signatures/agreement, but that wasn’t a problem.

crazyH

I have 3 children…..how does that work ?

You can have three attorneys to be on your LPA’s, I think you can have as many as you like. There is also the opportunity to have back up attorneys if the ones you name pre decease you or cannot take on the role.

I have three children but only named the two who live in this country to make the process simpler but I did keep my son who lives in the US informed of what I was doing. My mum did the same, naming the three of us who live in the U.K. and not my sister who lives elsewhere.

I shall get it sorted. Been faffing enough for months. Our wills are done, it is just poa

A friend has recently done it for her brother , who has been diagnosed with cancer and is single, she found it reasonable straightforward, I think the worst part was printing it all off and having the signatures done on it.

I really must get on with mine I was going to do it about a year ago, even bought a printer, still not done it ?‍♀️?‍♀️

we did ours online quite a few years ago. Husband died and I decided to go the proper legal route for my will and poa. I am glad I did, she also had to weigh up and certify that I was in my right mind. So it is all done and dusted, nothing accidentally left out, certified by the office of public guardian. I did both finance and welfare. Good to get that done and into my `dying tidy` file, knowing that there are no mistakes.

welshchrissy

Hi congratulations to anyone that has managed to do this themselves. I have tried and although I can complete the form I am finding it difficult to get someone to certify it. Any suggestions please as hubby does not have any close friends since he retired disabled all our friends are our friends.

Our neighbour, who is also an ex work colleague, certified ours.

GillT57

I am just in the process of doing them for me and DH, I was going to put our two adult children on them, but would you put your spouse as well? Or is it assumed that spouse has the power to make decisions anyway as next of kin?

We put our two adult children on each of ours, plus me on DH’s, and him on mine.

Hi congratulations to anyone that has managed to do this themselves. I have tried and although I can complete the form I am finding it difficult to get someone to certify it. Any suggestions please as hubby does not have any close friends since he retired disabled all our friends are our friends.

I did my mum’s Finance POA. Quite simple if you are organised and methodical. I’ve no legal background!