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Legal, pensions and money

Lasting Power of Attorney

(40 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.

FlexibleFriend Thu 16-Jan-20 15:07:22

Did mine about 5 years ago when I turned 60.

Cabbie21 Sun 19-Jan-20 09:48:31

We have EPAs. Could anyone explain please in what way an LPA is better? I need to persuade DH on the advantages of updating.

AllTheLs Sun 19-Jan-20 09:52:52

We're just going through the process. Finding it a bit of a pain with all the different signatures required and having to sign it all in the right order, but it's nothing compared to the difficulties in the future if we don't get it done!

kittylester Sun 19-Jan-20 09:56:26

There is no need to update an epa but it doesn't cover property and finance (I think!) so you should do that one as well.

kittylester Sun 19-Jan-20 10:06:42

You can ring the Office of The Public Guardian for advice - they are very helpful.

You do not have to use a solicitor - it can be done on line.

Daddima Sun 19-Jan-20 11:58:38

We started the process at the end of last year, but the Bodach’s doctor said he didn’t have capacity due to his Alzheimer’s, so the solicitor was going to apply for guardianship ( a long, expensive process I’d already been through for my wee auntie).
Sadly, the Bodach’s cancer took him at the turn of the year, so it’s just for me now.
I didn’t find it made any difference where the Bodach’s care was concerned, as the hospital staff were happy to abide by my wishes for palliative care only, and all our finances were joint anyway.

loopyloo Sun 19-Jan-20 13:42:12

You do not need to pay a solicitor, and you can download the forms and send them off or do it online. Or you can buy a pack from WHSmith.
Something I must do. Along with a living will. Or whatever it's called now.

Esspee Sun 19-Jan-20 14:13:11

Do any of you know whether the legislation is any different in Scotland?
I really need to get round to it and having a will already I know the rules for that are different under Scottish law.

suziewoozie Sun 19-Jan-20 14:54:43

Esspee yes

www.lawscot.org.uk/for-the-public/what-a-solicitor-can-do-for-you/power-of-attorney/

craftyone Wed 22-Jan-20 12:49:48

As for today I am done and dusted. My solicitor registered the LPA for property and LPA for health with the office of the public guardian. I received a certified copy of each with the solicitor holding the original. Office of the public guardian wrote to me and to my attorney to say that that registration has been done. That is all there is to it, the last step would be if needed when the certified copy would be used and hopefully that would be never but belt and braces are now in place and I can sleep easy, knowing that my LPA and will are properly sewn up

Hetty58 Wed 22-Jan-20 13:05:50

Do people usually have two each (one for finances and one for health)? My mother had just the finance one. We could act 'jointly or severally'. It wasn't much help, though, as she didn't 'lose capacity'.

suziewoozie Wed 22-Jan-20 13:43:51

Hetty we have both

kittylester Wed 22-Jan-20 15:26:40

The old sort only covered Finance I think but there are separate ones not for finance and for health.

It isnt necessary for a person to have lost capacity for the finance one to be used - you can sort of dip in and out of that one. The health one can only be used when someone has actually lost capacity.

craftyone Wed 22-Jan-20 17:07:27

I had the old downloaded epa but I wanted health too and wanted all the safeguarding of a an lpa drawn up by a solicitor. I did wonder why the solicitor kept the original will and lpa but I found out that it was in case of eg a fire. Its important to let the atorney and executer know about the solicitor. I was re-assured that the lpa was a `just in case` measure and would like to think that I will keep running my own affairs but things can and do happen

Next job tomorrow is to file everything carefully and sort my paperwork and update my lists and contact numbers for banks and building societies etc. It is called dying tidy and having been through it all once, I would not wish an end of life mess on anyone. The time I did it was hard enough and I knew where everything was.