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Legal, pensions and money

Lasting Power of Attorney

(39 Posts)
Nonnie Tue 15-Oct-19 12:54:32

We finally got round to doing ours on line, replacing the previous Enduring Powers of Attorney we made years ago.

I am starting this thread as it seems many have not thought of doing this. It is not because we don't have people we trust, it is to make their lives easier if we do become incapable. They will be able to make decisions about our health and our finances.

We have a friend whose Mil was unable to manage her affairs and they discovered that to help her they had to get the Public Guardian to give them permission. This was very expensive, a lengthy process and had to be repeated each year (I think).

It is easy to do online and costs £82 per LPA. You don't need a solicitor, www.gov.uk/power-of-attorney.

Charleygirl5 Tue 15-Oct-19 13:06:45

I changed my will over a year ago doing it through a solicitor and I also took out LPA for the same reason.

I have also taken out a funeral plan, not quite what I would have wanted but I also did not want either of my friends to have to fork out the cost immediately as it is now all paid for.

I am also going to try to make life easier for them by jotting down useful things in a book- eg the online banking I have, local building societies with whom I have accounts etc.

Calendargirl Tue 15-Oct-19 13:13:35

We did our LPA’s a couple of years ago, after a relative suffered strokes at an early age. Made us think about how difficult it would be if we became incapacitated. Not difficult to do online. Just hope they are never needed.

Missfoodlove Tue 15-Oct-19 13:19:21

Nonnie,

Great advice, I have had to go through COP as my mother wouldn’t give anyone LPA.
It is an expensive and complex process.
I wouldn’t wish it on anyone.

crazyH Tue 15-Oct-19 13:22:38

Thanks Nonnie for the reminder .....started doing it last year and then, life got in the way......

Ginny42 Tue 15-Oct-19 13:40:23

Excellent advice Nonnie. Thank you for the link to the government site. I'm going to do it, as my DD is having terrible trouble now with her F (my ex-H) as he refused to do this earlier when he was able the think clearly and make decisions.

I know she would make the right choices for me, but having a document which says she is the person I wish to make those decisions on my behalf will help should the need ever arise.

Witzend Tue 15-Oct-19 13:47:18

In the Health and Welfare section you can also add any specific wishes re future care, medical treatment, etc.

Dh and I both added very specific wishes in the event of our being both unable to care for ourselves and speak (with full mental capacity) for ourselves. Basically, in such circs. we don't want to be kept going just because it's possible to do so, if Nature might be trying to let us go.

grannyqueenie Tue 15-Oct-19 13:57:15

Me too crazyH we were talking about it over the weekend with a visiting relative who’s just done hers. We just need to get on with it while it’s on our minds!

Alima Tue 15-Oct-19 14:12:09

I was thinking about this only today Nonnie. I have the paperwork and the explanation sheets ready in the cupboard. Must get on with it before my friend who is going to sign that I am of sound mind moves away. Someone on here mentioned that they had done some sort of flow chart to do theirs. That threw me into confusion, not at all conversant with flow charts. Are you sure it is easy to do?

Nonnie Tue 15-Oct-19 15:32:52

Alima it really isn't that difficult, no idea why you would need a flow chart. Very easy to do online and if you make a mistake before paying you can change it. If I did it on paper I would need too much tippex!

Not just someone confirming you are of sound mind, they have to be sure you are not being coerced. Not sure they can say that about DH, I had to coerce him grin. Took a lot of explaining and telling him how difficult it would be for family if the worst happened.

dragonfly46 Tue 15-Oct-19 15:38:26

We have done ours - they are lodged with our wills with our solicitor.

GrandmaJan Tue 15-Oct-19 15:45:21

We arranged Power of Attorney a long time ago when we renewed our wills for the 2nd time. Last year we renewed our wills again because circumstances had changed slightly. The POA is with our wills with our solicitor & we have a copy in our safe at home. It’s always wise to ensure someone knows where your wills are as well.

WOODMOUSE49 Tue 15-Oct-19 17:38:34

We did ours at the same time as writing our wills, four years ago.

Mention an LPA and many will automatically think of a person's finances, but there are actually two types to consider: one for finance and property, and another for health and welfare.

You pay for each one. We just did the finance and property one.

Calendargirl Tue 15-Oct-19 17:43:28

We did both. And no, I don’t think they are complicated to do. You just need to be quite methodical, and allow yourself time to concentrate on what you’re doing.
It doesn’t have to be completed all at once, you can do so much then save it and return to it later.

Hetty58 Tue 15-Oct-19 17:49:50

The health and welfare one can be important if you'd like a particular person to decide where you live (e.g. home or which care home) but your wishes regarding medical care can easily be ignored by doctors.

What you really need is a living will, (advance healthcare directive) arranged with your GP, to truly explain your wishes. OK, it can still be disagreed with by medical staff, but (as you have discussed it with a doctor) carries more weight than a LPA.

M0nica Tue 15-Oct-19 17:58:31

If you are appointing 2 or more attorneys make sure that you appoint them 'jointly and severally' that means that they can act together or one can act on their own.

A friend's mother appointed her DD and husband as attorneys but made them joint attorneys only. DF's DH died suddenly and, as by that time her mother had dementia she had to go through the Public Guardian in order to be appointed her mother's attorney. It was complicated and difficult and the last thing she needed when having to deal with her grief and all the legal matters about wills etc as well.

Nonnie Wed 16-Oct-19 10:11:25

M0nica Tue 15-Oct-19 17:58:31 very good point. That is what we have done and as one DS lives near and one far away they can discuss what to do then only the near one do it.

Hetty58 Tue 15-Oct-19 17:49:50 great idea if you know what you will want but my head is so far in the sand that I haven't worked that out. Think I will just leave it to do what the DSs think best!

Davida1968 Wed 16-Oct-19 10:27:44

Thank you, Nonnie, for bringing up this thread. Having LPAs is crucial - and not just as you get a lot older. (DH & I did our years ago, when in our 50s.) My sibling & I have LPAs for our DM. Thank goodness we have both the "health" & "wealth" LPAs for her, because decisions have had to be made which we could not have made without the "health" LPA being in place. (I think that having just the "wealth" LPA is very short-sighted, because the "health" one can cover a range of issues including where the person lives, as well as their actual health.) My friend had to go through the Court of Protection for her DM (who had dementia), because no LPAs were in place: it cost over £1000 - this was some years ago, so it's probably a lot more now! An "advance care directive" is an excellent thing as well, but it's best to have this with LPAs.

Nonnie Wed 16-Oct-19 11:21:11

Court of Protection fees are less than I had been led to believe but I wonder what additional costs there might be? assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/819607/cop44-eng.pdf

Nonnie Wed 16-Oct-19 11:23:28

I wouldn't want to put my loved ones through going to the COP when they were already dealing with whatever my issue was.

DS & Dil are planning to do this too as we never know if we might have an accident which could impact on our ability to manage things ourselves.

craftyone Mon 21-Oct-19 16:17:19

Done and almost dusted, I did mine via a solicitor and it was signed and witnessed today, I did LPA after doing a diy EPA many years ago. I have one attorney and a reserve attorney and have done both financial and health+welfare. The attorneys have to sign and then the solicitor will register the documents and that will be it. All tidied and in a file to make life easier come what may. Will is also done

Is advance care directive the same as attorney having a final say in end of life care? If so then I said yes. This was also done today

craftyone Tue 17-Dec-19 20:46:33

My LPA is almost ready, I had the final bill today. Registration cost £164 ie £82 for each part and the solicitor cost £450 plus vat. It is being registered now and that can take 8-10 weeks, so I expect it to be done some time in january. It was an awful long process but I feel happy that the ends are tied.

It must be so difficult if you don`t have younger trusted close family, its a lot of trust being placed on one person

GrannySomerset Wed 18-Dec-19 10:47:48

We did our LPAs a couple of years ago and I am now acting for DH in both health and finance. I discuss with him any decisions though he doesn’t always really understand them, but it is a relief to have charge of ensuring bills are paid and the necessary admin done because things had become really chaotic. Very sad, given how competent DH used to be. Our two AC have power once I am not up to the job - not too soon I hope.

mamagran Thu 16-Jan-20 09:18:57

It's not that difficult to make if you have it ready in time. My mother made an LPA. I have read up online, here are more resources for everyone. www.guardiancarers.co.uk/care-information/making-the-right-decision-about-care-needs www.dementiauk.org/get-support/legal-and-financial-information/lasting-power-of-attorney/

Barmeyoldbat Thu 16-Jan-20 10:15:35

Mr B and I both had ours done years ago and lodged with our wills. I did POA online for daughter's finances but as she had capacity at the time I could only do anything she allowed or agreed with. When she lost capacity I had to go through the Court of Protection and it took 14 months, luckily I didn't have to pay for it as The Public Guardian had made a huge error and had to pay for it. POA are great when they work.