Power of attorney query

This is true, if a paper system is used.

Germanshepherdsmum

That says average waiting time is 91 days and one family waited 983 working days - we don’t know why but it’s a fair guess that there were mistakes in the application. Do it through a solicitor to minimise the chances of making mistakes and apply for registration straight away,

But it also says the Probate Registry lost a solicitor’s forms so it seems there is not much you can do once it has left your or the solicitor’s hands.

That says average waiting time is 91 days and one family waited 983 working days - we don’t know why but it’s a fair guess that there were mistakes in the application. Do it through a solicitor to minimise the chances of making mistakes and apply for registration straight away,

Germanshepherdsmum

Is that when you apply online or when your solicitor sends it off for registration? Where did you read it?

Here you go GSM

www.thisismoney.co.uk/money/news/article-12064321/The-families-waiting-1-000-days-power-attorney.html

Is that when you apply online or when your solicitor sends it off for registration? Where did you read it?

I read just yesterday that POAs are now taking up to 1,000 days to process and in some cases people have sadly passed away before they are approved.

It takes a while as I recall!

Germanshepherdsmum

No, sorry, I meant GG, whose post was the latest when I was writing. A solicitor will always advise doing it straight away, but perhaps sometimes people do them online and don’t follow through to registration as it’s an extra cost - I don’t know as we too used a solicitor.

Just waiting for the paperwork and the registration due date then they will be complete.

Indeed. It takes a while for registration to be completed and in the meantime there is no access to the donor’s money or official status to dictate the health care they would or wouldn’t want.

It is quite costly Germanshepherdsmum but it can be a costly nightmare for remaining relatives if it's not done. I wouldn't have been happy for my daughter to be left with any problems.

No, sorry, I meant GG, whose post was the latest when I was writing. A solicitor will always advise doing it straight away, but perhaps sometimes people do them online and don’t follow through to registration as it’s an extra cost - I don’t know as we too used a solicitor.

Germanshepherdsmum

I hope you’ve registered the PoAs too, so they can be used immediately that becomes necessary - which I hope it won’t.

If you mean me Germanshephersmum, yes. We did ours with a solicitor and it's on it's way to the Office of Public Guardianship to be registered.

I hope you’ve registered the PoAs too, so they can be used immediately that becomes necessary - which I hope it won’t.

Me and DH have done our wills and POA this year. Having big problems with my elder daughter my youngest and her partner who we trust completely are now our two designated people named to act for us. I have also got myself and DH a book each which will give them all the contacts for everything eg Energy company, Sky, passwords for websites etc. These books also contain pages where you can write all your wishes for after you have passed such as what you want writing on any social media sites to your contacts. Well worth while thinking about.

DH and I have just done our POA’s on line via the Government website. It was relatively easy and far cheaper than using a solicitor.

Next is our wills, definitely using a local solicitor as they will be rather complicated.

We should all do this. It saves our loved ones from going through what you did - which is by no means untypical when suddenly dropped into that situation - and it gives peace of mind that your affairs are in order.

As next of kin, I pleaded with my late mother to organise POA, she went to her solicitor and told her that I was coercive and wanted access to her funds.
(I found the letter from the solicitor to my mother stating this)
As a result the solicitor advised her not to proceed, my mother didn’t think to put someone else forward.

9 months later after a severe urine infection my mother lost capacity.
I found her a nursing home and arranged for fees to be deferred, however there was a mix up and the local council ended up pursuing me for £35,000!

Her 4 bedroom house was haemorrhaging money, I couldn’t do a thing, every time I went to clear and maintain I had to have someone with me as I really had no right to be there and she had told friends and neighbours that I stole from her.

On top of running a business, my own home and hers dealing with my mothers affairs became hugely stressful.
One day I got a final demand of nearly 40k from the council in the post along with a letter telling me her nursing home was closing, I had a my first ever panic attack.

I was awaiting deputyship to come through , my husband had managed to sort the nursing home arrears and got the council to admit they had not put the deferred payment plan in force.despite having all the paperwork.

In this time I was pretending to be my mother on the phone to try and stop bills such as Sky, every kitchen appliance that was insured (£240 a month) all the charities she had signed up to, broadband etc.

Eventually I got deputyship and was able to sort the finances then sell her house, I managed a private sale through a neighbour but unfortunately she was a bent solicitor who spun it out for months then demanded I pay her £3,500 toward the cost of rewiring and some pointing, she was going to get a mortgage for the full amount and pocket the cash.
My solicitor advised to give her a 72 hour deadline for the agreed amount but to be prepared to lose the sale.
I called her gave her the ultimatum and reiterated that I would not be prepared to pay her a bean, she paid up!

The organisations I had to deal with, COP, Adult Services, Council tax, HMRC NS&I etc were all dreadful with the exception of HSBC who went above and beyond, they were so kind.

I cleared the house alone over a two week period, it was cathartic, I hated the house and all the unhappy memories it held, I didn’t want anyone else there with me.

The week I sold the house and breathed a sigh of relief Covid hit.
The one advantage was I didn’t have to visit my mother and
the first glorious weeks of lockdown gave me the much needed time to heal, I really believe that if I had had to continue to work I may have had a breakdown.

My mother was a nasty woman with severe NDP, however if she had just done the one thing and organised POA then she would have made mine and my husbands life so much easier.

She died in June 2020, if I told you the story of the parish priest and the funeral, I really don’t think you would believe me!
She was the gift that kept on giving!

Please, please make sure you have given POA and made a will.
To not do this is selfish behaviour.

Thank you very much GSM. That has clarified it for me.

No. The person has to lack mental capacity. If they have capacity the correct thing is for them to grant power of attorney. If you do nothing and wait until the person has become incapable of managing their affairs (which could happen in an instant due to, say, a stroke) there will be a delay before deputyship is obtained during which time all manner of difficulties may arise as their money can’t be accessed. Gambling with someone’s wellbeing in this way is not to be recommended.

Just one question out of curiosity really. Are you allowed to go to the court for deputyship if the elderly person is of sound mind? If so, it sounds like it may be a simpler and cheaper process than Power of Attorney. Also, would it possibly be a feasible idea to have a “wait and see” approach. Do nothing until the person becomes mentally incapacitated, then go for deputyship. After all many people die while still being of sound mind which means POA is never required.

It has to be the Court of Protection if mental capacity is absent. Do not agree to be a guarantor - there is no legal obligation to become one.

You cannot get POA anyway as your dad has lost mental capacity. You would need to go to Court of Protection

You absolutely must not agree to be a guarantor. Get legal advice and go from there

So sorry you are dealing with this; I know how hard it is

Do not agree to be a guarantor, no matter how much pressure they put on you, how ever much they try and emotionally blackmail. Just stand there and say No, No, No, No. Refuse even to discuss the issue.

I have been subject to the kind of pressure put on people from all sources when dealing with a situation like this. Just say NO, end of discussion.

Hi everyone. Thank you all so much. It’s been really helpful.

Liz

I should add the cost to me was about £400 with an annual audit charge of £60.
I think I claimed this out of my mothers estate.