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Legal, pensions and money

Power of Attorney

(42 Posts)
Aka Mon 19-Aug-13 23:05:06

Absolutely!

Elegran Mon 19-Aug-13 22:59:48

Looking back I see it, Aka.

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

Aka Mon 19-Aug-13 22:56:29

I posted that exact wording earlier Elegran! hmm

Daisyanswerdo Mon 19-Aug-13 22:53:41

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. smile

Elegran Mon 19-Aug-13 22:50:16

"Enduring powers of attorney have been replaced by lasting powers of attorney.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

Aka Mon 19-Aug-13 22:46:38

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.

Jendurham Mon 19-Aug-13 22:19:45

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.

Mishap Mon 19-Aug-13 21:04:47

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.

FlicketyB Mon 19-Aug-13 20:55:35

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.

HildaW Mon 19-Aug-13 20:34:37

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.

HildaW Mon 19-Aug-13 20:29:16

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.

Ariadne Mon 19-Aug-13 20:21:38

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.

Ella46 Mon 19-Aug-13 19:42:10

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.

Mishap Mon 19-Aug-13 19:29:18

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.

Aka Mon 19-Aug-13 19:26:52

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.

Mishap Mon 19-Aug-13 19:26:49

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.

Daisyanswerdo Mon 19-Aug-13 19:02:09

I would be grateful to have advice from any Gransnetters who have experience of Powers of Attorney.

Can anyone explain to me the difference between Enduring and Lasting Powers of Attorney? Did you find the process simple?

I've been sent the pack (they sent me two, in two separate enveiopes) both for Lasting P of A, and I am a bit daunted by all the forms and the instructions.

Any advice welcome. Many thanks.