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Power of attorney

(56 Posts)
Shinamae Sun 21-Feb-21 17:22:49

Has anybody gone through this process and is it complicated? I do not have a significant other and I am very aware of dementia as I work in a care home so would like my daughter to have power-of-attorney, I have two sons and a daughter and my daughter lives near St Albans which is quite a way for me in Devon but I think she would be the most suitable to deal with this should the unthinkable happen and I get dementia and cannot make my own decisions. I have made a will which is quite straightforward...

tanith Sun 21-Feb-21 17:55:34

All 3 of my children have POA over my affairs should I become incapacitated.
I did the whole thing online printing out the relative pages to be signed. They have to be signed in a particular order and witnessed. My son lives abroad so i had to send his to be signed and then returned. It was very easy and there is an explanation how its to be done.

Shinamae Sun 21-Feb-21 17:58:39

Thank you Tanith...💐

Artaylar Sun 21-Feb-21 18:00:53

Here is the relevant gov.uk link Shinamae, it includes links to the steps that need to be taken and the forms that have to be completed.
www.gov.uk/power-of-attorney

M0nica Sun 21-Feb-21 18:07:37

Shinamae I would recommend that you give a PoA to all your children and stating that they can act severally as well as together. That means that your daughter can look after your affairs either on her own or in consultation with her siblings, and if anything happens to make it difficult for her to act for you (accident or illness etc), the others can take over without any problem.

A friend's mother did what you suggest and when she developed dementia her daughter exercised the PoA and managed her mother's affairs. Unfortunately her daughter died suddenly and the PoA was void.

To take over the responsibility of looking after their mother's affairs, her brother had to go through the Court of Protection, which was expensive and then had to get every item of expenditure approved by the court. It was a nightmare.

Shinamae Sun 21-Feb-21 18:10:30

Oh ok,thank you...💐Mon does that mean I have to have three separate lots of power-of-attorney or can all my siblings be added on the one document?

Shinamae Sun 21-Feb-21 18:10:49

Artaylar

Here is the relevant gov.uk link Shinamae, it includes links to the steps that need to be taken and the forms that have to be completed.
www.gov.uk/power-of-attorney

Thank you...💐

Georgesgran Sun 21-Feb-21 18:30:16

I’m going to do mine online. There are 2 parts - health and finance. Solicitors charge what they want to do them - ours quoted £500 for both parts but each!! £1000!

Teacheranne Sun 21-Feb-21 18:34:34

Shinamae

Oh ok,thank you...💐Mon does that mean I have to have three separate lots of power-of-attorney or can all my siblings be added on the one document?

You add all your attorneys on the same document, a separate page for each one. They will need to get someone to witness their signatures then you just send them off with the rest off the sheets.

Just read the instructions carefully to make sure that all the pages are signed on the correct order, your signature as the donor needs to be the last date. The instructions are very clear.

Shinamae Sun 21-Feb-21 18:34:42

Georgesgran

I’m going to do mine online. There are 2 parts - health and finance. Solicitors charge what they want to do them - ours quoted £500 for both parts but each!! £1000!

So to do it for my three children it’s going to cost me £1500 and then I believe the Doctor who will certificate it I think he charges as well. I just don’t know if I can afford all that 😳 but not sure I’m confident enough to do it online and besides I don’t have a printer....

Georgesgran Sun 21-Feb-21 18:45:44

Depends on your solicitor’s charges - we have learned after changing our wills a couple of years ago that ours certainly ‘isn’t cheap’!

As far as I’m aware (but someone might know better) it’s a single charge for the individual POA (1 for health, 1 for finance), irrespective of how many are nominated.

Perhaps CAB or Age UK could help for a donation?

Artaylar Sun 21-Feb-21 18:50:50

you dont have to use a solicitor Shinamae, and as far as I am aware certification from a Doctor is not required.

My dad sorted his Power of Attourney out just over 12 months ago..........solicitor charged over £800 plus VAT.

The forms are pretty straightforward and as someone else has said you can put all of your children down on the one form.

If I'd have known how straightforward the forms are, there's no way I'd have had Dad paying all this money to a solicitor. It really is money for old rope.

Maybe one of your children or a good friend could help with downloading and printing the forms and following the steps that are required?

There are two types of Power of Attourney which are

health and welfare
property and financial affairs

You can choose to make one type or both. It costs £82 to register each type. There are certain exemptions or reductions to this registration fee.
www.gov.uk/government/publications/power-of-attorney-fees

Best of luck with it.

Shinamae Sun 21-Feb-21 18:54:30

I have the number now for the government department think I will ring them tomorrow and see if they can send me out the forms, thank you all for your help it’s invaluable 🙋‍♀️💐💐💐💐

Flakesdayout Sun 21-Feb-21 19:00:12

I did both POA's for my Mum. As she was estranged from my brother I was the main POA with my sons. I managed all her finances and all her health needs to the best of my ability. It was only when she had died that my Brother took an interest. Luckily my Mum had made a Will and was very clear. Make sure you read the instructions carefully and do not rush things. You do not really need a solicitor as it is quite a straightforward process. I managed to do my own Probate too. Good luck with it.

Artaylar Sun 21-Feb-21 19:09:52

Flakesdayout its really great that you were able to do the Probate for your mum's will.

The solicitors won again when my lovely Dad died last July - charged nearly £2.5K for dealing with Dad's will. Unfortunately Dad named the solicitor as his Executor in his will so we didnt have any choice over it.

Shandy57 Sun 21-Feb-21 19:13:56

Be prepared for a wait Shinamae, my aunt applied in November for myself and her neighbour to be LPOA's, apparently it's still 'in court'. Either that, or her solicitor is hopeless.

Shinamae Sun 21-Feb-21 19:27:27

I was executor for both my dad and my brothers Wills but they were both very straightforward, neither of them used a solicitor they just got a will pack from WHSmith’s and I was able to go through probate quite easily. I have done the same with my will although about four years ago I paid £176 for a solicitor to write my will but it was so full of jargon that I a couple of years later wrote my own which is much more concise and clear.....

Fennel Sun 21-Feb-21 19:58:40

POA can be used for other things too. When we sold our house in France we couldn't be present at the signing of the documents. So we signed a form to give our notaire the right to sign on our behalf. It didn't cost much.

Nonogran Sun 21-Feb-21 20:09:03

I'm doing my mum's POA at present & am doing my own too. I sent away to the Government office to get 'hard copies" and the guidance notes so I could see what's involved. I prefer something I can sit and digest over a coffee. Easy peasy!
At present the draw back is getting signature witnesses in the same room & socially distanced? The cost is £82 each for Financial and Health.
You don't need your GP to sign to say you are "of sound mind" , just someone whose known you for a couple of years. My mum asked her neighbour & I've done the same.
I recommend you do some research before you pay mega bucks to a solicitor ...you'll save a fortune.

tanith Sun 21-Feb-21 20:16:53

Please don't pay a solicitor it really is easy as long as you are methodical. It didn't take too long.

Shinamae Sun 21-Feb-21 21:07:03

Excellent advice as always. When I ring tomorrow I will ask them to send me the hardcopies of the forms. I’ve got a friend who has known me for 13 years and can vouch for me but I thought it had to be somebody professional but you say not so that’s all good... Thank you 💐💐

M0nica Sun 21-Feb-21 21:11:34

Shinamae As I remember it is one document.

Shinamae Mon 22-Feb-21 10:23:13

Well I have just rung the office for public guardianship left my details and they say they will send me the forms for Power Of Attorney within 12 days so fingers crossed. 🤗

Shinamae Mon 22-Feb-21 10:23:52

Left on an answer phone by the way

Witzend Mon 22-Feb-21 10:26:32

Dh and I did ours a couple of years ago.
Forms downloaded, filled in and sent off to whichever dept. with the fees.
The forms are very straightforward and you can add your wishes - we both did on our Health and Welfare ones.

We didn’t use a solicitor, didn’t see any need at all.