Power of Attorney

My understanding is that Lasting PofA has superceded Enduring; but there will still be people who signed the latter in the past.

I did ours - both for property and care issues for both me and my husband. It is not difficult, but you do need to follow the letter of the instructions, particularly over the order in which things should be signed and witnessed. I drew flow diagrams and ticked things off as they were done.

I also claimed a reduction in the fee on the grounds of income and that went through with no problem at all. Costs more, but some people feel happier doing that.

Enduring powers of attorney have been replaced by lasting powers of attorney. They can still be used if they were made and signed before October 2007 but you can't set up an Enduring Power of Attorney any more only Lasting Powers of Attorney (LPA)
There are two types of LPAs - one for financial matters and a separate one for your health and welfare. I'd advise going for both. If you can afford it I'd get a solicitor to help. You need to fill in the forms and register them with the Office of the Public Guardian. Once this is done then those you appoint as your attorney(s) can apply for them to be activated when you become unable to manage your own affairs.

If you have any more questions then I'm happy for you to PM me.

A bit of my last post did not appear - I said that my Dad used a solititor and that some people are happier doing that even though it is costly.

From my point of view I was happy to do it myuself as I felt confident that I could follow the instructions; but some may feel differently.

I've just got the LPA pack, and although there's a lot of stuff, it is mainly the instructions. I'm saving it for a few rainy afternoons.

We have just re-done our wills and set up, but not registered, a Lasting Power of Attorney, ready just in case. Needed to be done and I have to say I feel secure.

Aka is right....if you apply for a new Power of Attorney its now called an 'Enduring etc'. Those set up before under the old title are still legal -its just a name change really.

P.S. having cared for a FIL who gently slipped into a very confused state due to Vascular Dementia I cannot recommend them enough. It would have been a nightmare to safeguard his complicated financial affairs without it.

I had to cope with two sets of relative's who refused point blank to draw up powers of attorney, until they became ill and unable to manage. However trying to set up a POA with 2 people whose capacity to understand comes and goes was a nightmare. DF drew up his POA about 20 years before it was required and when we had to activate it, when both I and DS were fraught and distressed it made life so much simpler.

We made ours nearly 10 years ago and it is a relief to know that we have made life so much easier for DC when the time arrives for its use.

My Dad did his PofA some years ago when he was fine. It proved very useful when he became unwell this year. At no point was he totally confused, but he did not feel able to deal with his affairs and we were able to take this over on his behalf, making sure that bills were paid on his behalf and putting enough money into his funeral into a joint account.

He has since died and the fact that we had been able to sort his finances prior to his death is making things much much easier than it might have been.

I would totally recommend organising a PofA in everyone's interests.

My son and I had a power of attorney for my husband. We had just had all the papers back a week before they were needed. It took a long time because we did not use a solicitor and the people involved lived in different parts of the country. So if you are doing it yourself, make sure you give yourself enough time. It takes a long time for the OPG to register it.

No, Hilda it's now called Lasting Power of Attorney.
My own and my OH have already registered our LPAs with the OPG. You can do this straight away which saves time and expense later (I think it's £150 per LPA), but it doesn't come into play until I've been certified incapable by my GP.

"Enduring powers of attorney have been replaced by lasting powers of attorney.

They can still be used if they were made and signed before October 2007."

https://www.gov.uk/power-of-attorney/if-you-have-an-enduring-power-of-attorney Last updated: 2 August 2013

Many thanks to everyone who's responded. It's all very helpful indeed and I will tie a wet towel round my head one of these days and get down to doing it.

I posted that exact wording earlier Elegran!

Looking back I see it, Aka.

If a thing is worth saying, it is worth repeating!

Absolutely!

Aka...whoops sorry....just knew one had replaced the other without negating the ones already set up.

We too have already registered ours and the children (our attornies) know all about this and will have no hassle when/if the time comes. I want things to be as easy as possible for them.

Mishap, yes that exactly what its all about.....and since we moved and downsized twice and now have no loft we have promised not to leave them years of 'stuff' to wade through.

My mum has set this up for me to take over her affairs if it becomes necessary but it was a while ago now - several years. Does anyone know how it is activated when the time comes? Do I do it or does she?

I guess the bloke and I should do it for ourselves too really. You never know what the future will hold.

You do it as it only comes into force when she is incapable of managing her own affairs. If she retains all her mental facilities then it will not be needed. Yes, Coastwalker you ought to set one up as you have to be in full possession to do so. Many people leave it too late.

I've just done these for both my parents. The amount of paperework is enormous but I found the instructions well presented and the telephone helpline was very good. Every time I quickly got through to a person at the other end who was able to answer my query immediately.

Just make sure you have plenty of time and a big pot of tea before you start.

And

My LPA pack is sitting on the dining table, and everytime this thread rises up the 'active' list, I get a pang of guilt that I've not started it yet!