P of A application issues

Doing it online is much quicker than otherwise and cheaper. My friend paid a lawyer £600.00.

Germanshepherdsmum

A good solicitor will always mention things you are unlikely to have thought of. People will say I’m biased but it really is money well spent. They will ask ‘what if …’ and explain the consequences if the ‘what ifs’ aren’t addressed, painful though it is for us to contemplate such things as our children pre-deceasing us for instance. The same applies to powers of attorney.

The solicitor doing our Wills is great. It’s entirely our fault they have not been completed due to us being tied up with hospital appts etc. She came to our house and did indeed point out a few things that we had not thought about. We definitely needed a solicitor for making our Wills as they are not straightforward.

However, prior to this by a few years when I printed off all the forms for POA for my Mum it all seemed so straightforward and logical that I thought I would give it a go. I also spoke to several people who had done it without using a solicitor. What my Mum was instructing me to do was ensure her best interests while she was alive and she knew 100% that I would do this as I had looked after her for 16 years already.

After Mum died, I also did the Probate forms myself and that wasn’t difficult either. Lots of people do that too.
No worse than filling in passport forms to be honest.

Wheniwasyourage

Marydoll

Is it different in Scotland? We did it through a solicitor and it was done in no time. I'm intrigued by this thread.

Just what I was thinking, Marydoll. We did ours with a solicitor over Zoom after lockdown but before we were prepared to travel to his office. It cost about £400 (plus 2 x £85 registration fees).

Thats roughly what ours cost. We updated our wills at the same time. The solicitor came to our home, because I was very unwell.

Marydoll

Is it different in Scotland? We did it through a solicitor and it was done in no time. I'm intrigued by this thread.

Just what I was thinking, Marydoll. We did ours with a solicitor over Zoom after lockdown but before we were prepared to travel to his office. It cost about £400 (plus 2 x £85 registration fees).

We did ours through a solicitor. It still took some time but paying the solicitor fees was worth it just for peace of mind that everything was completed as it should be.

A good solicitor will always mention things you are unlikely to have thought of. People will say I’m biased but it really is money well spent. They will ask ‘what if …’ and explain the consequences if the ‘what ifs’ aren’t addressed, painful though it is for us to contemplate such things as our children pre-deceasing us for instance. The same applies to powers of attorney.

Doodledog

*People do get confused about LPAs and Wills Doodledog.
The former is for while you are alive but stops on death and then the relevant paperwork is the Will.*

I know . I'm not confused about that, but meant that years later I can't remember all the things the solicitor made us think about - just that there were a lot of them, which makes me think it is worth the money to employ one to do it for you. The example I gave was from the LPA. There were others, and even more when it came to the will (eg what to do about future grandchildren, and various unlikely permutations about if we plus one or more of our children were killed in the same freak accident). Things we would never have thought of, but that someone with lots of experience of lots of clients' different situations has come across.

I understand. 👍 We have a solicitor who has drafted our Wills some months ago. The Wills are quite complicated for various reasons and with all the hospital appts we have had to go to this summer we just have not had time to finalise them. I am still not entirely clear about a few things in them so have asked for clarification. Hope to sort them in Sept.

*People do get confused about LPAs and Wills Doodledog.
The former is for while you are alive but stops on death and then the relevant paperwork is the Will.*

I know . I'm not confused about that, but meant that years later I can't remember all the things the solicitor made us think about - just that there were a lot of them, which makes me think it is worth the money to employ one to do it for you. The example I gave was from the LPA. There were others, and even more when it came to the will (eg what to do about future grandchildren, and various unlikely permutations about if we plus one or more of our children were killed in the same freak accident). Things we would never have thought of, but that someone with lots of experience of lots of clients' different situations has come across.

Doodledog

Primrose53

JudyBloom

We did ours through our Solicitors. I definitely recommend doing this. I think it is worth paying for.

Solicitor quoted me £1500ish for both parts. When you think you are giving them all the info to complete the forms anyway then, for me it was a no brainer. I think each part cost me approx £85 so less than £200 in total. People on certain benefits can get it done free.

I definitely wouldn’t pay a solicitor to do that.

We got a solicitor to do ours, and yes, it was expensive, but she pointed out all sorts of things that we would never have thought of, and gave us a lot to think about. I think it was worth it. I can't remember what now, and we got our wills and both health and financial POAs at the same time, so a lot of it is mixed in my head anyway, but it was things like whether both children should have to sign or if one signature would suffice. That's not as straightforward as it sounds. On one hand it could result in one of them making decisions of which the other disapproves (which could cause ill-feeling for years), but on the other, if we needed access to funds because we were incapacitated and one of them was abroad or otherwise unable to sign, it would be useful for them to be both jointly and severally able to do it. There was more, but that's what I remember. We asked them what they thought and agreed that either of them could sign - luckily they get on well, and in any case would only be asked to do anything if both of us were incapable, as we each have POA for the other before them, but we felt it was worth doing now, before it seems likely to be needed - it's easier to be dispassionate that way.

She also dealt with the registration.

People do get confused about LPAs and Wills Doodledog.
The former is for while you are alive but stops on death and then the relevant paperwork is the Will.

Around the time Mum did hers there was a lot of radio and TV progs saying that the LPA is now considered as important as, if not more important, than a Will.

When Mum was diagnosed with Alzheimers the psychologist or psychiatrist who tested her said that it was vital we did it asap before she declined and was unable to make decisions. So we did just that.

Best thing we did because it was used over and over again in so many situations as her health declined.

Primrose53

JudyBloom

We did ours through our Solicitors. I definitely recommend doing this. I think it is worth paying for.

Solicitor quoted me £1500ish for both parts. When you think you are giving them all the info to complete the forms anyway then, for me it was a no brainer. I think each part cost me approx £85 so less than £200 in total. People on certain benefits can get it done free.

I definitely wouldn’t pay a solicitor to do that.

We got a solicitor to do ours, and yes, it was expensive, but she pointed out all sorts of things that we would never have thought of, and gave us a lot to think about. I think it was worth it. I can't remember what now, and we got our wills and both health and financial POAs at the same time, so a lot of it is mixed in my head anyway, but it was things like whether both children should have to sign or if one signature would suffice. That's not as straightforward as it sounds. On one hand it could result in one of them making decisions of which the other disapproves (which could cause ill-feeling for years), but on the other, if we needed access to funds because we were incapacitated and one of them was abroad or otherwise unable to sign, it would be useful for them to be both jointly and severally able to do it. There was more, but that's what I remember. We asked them what they thought and agreed that either of them could sign - luckily they get on well, and in any case would only be asked to do anything if both of us were incapable, as we each have POA for the other before them, but we felt it was worth doing now, before it seems likely to be needed - it's easier to be dispassionate that way.

She also dealt with the registration.

😊 H.

Thanks GSMx

Pittcity

Marydoll

We had a check to see if we were of sound mind to ensure all was above board, so how does that work if you do a DIY one?

There is a section that has to be signed by somebody who knows you but doesn't stand to gain anything from you confirming that you have the mental capacity to understand what you are doing. It is open to fraud but isn't everything?

Ours wasn't difficult to do if you follow the instructions methodically but took ages to get registered....all the paperwork is back now.

For those who are worrying about copies. Each attorney is sent a letter with codes and passwords as the process is all moving online. Don't know if that's good or bad for us but the younger generations will be fine with it and I'll be beyond caring by the time it comes into use.

Correct. My Mum’s next door neighbour came round and witnessed. She had known Mum very well for over 15 years and is younger and well educated. Both her parents are retired GPs. She chatted to Mum about the POA and made sure it was all what Mum wanted and only then did she witness things.

In fact she probably did a better job than a member of staff in a solicitors who is called in who knows nothing about them whatsoever, they just literally sign.

Thanks, Pitt. A lawer had to confirm us. It is certainly open to fraud.

Marydoll

We had a check to see if we were of sound mind to ensure all was above board, so how does that work if you do a DIY one?

There is a section that has to be signed by somebody who knows you but doesn't stand to gain anything from you confirming that you have the mental capacity to understand what you are doing. It is open to fraud but isn't everything?

Ours wasn't difficult to do if you follow the instructions methodically but took ages to get registered....all the paperwork is back now.

For those who are worrying about copies. Each attorney is sent a letter with codes and passwords as the process is all moving online. Don't know if that's good or bad for us but the younger generations will be fine with it and I'll be beyond caring by the time it comes into use.

We had a check to see if we were of sound mind to ensure all was above board, so how does that work if you do a DIY one?

Exactly so germanshepherdsmum. In order to properly explain our wishes the ticked boxes were insufficient. One phrase used would have caused the intent behind something important to us to have been misunderstood The solicitor spotted it immediately. It was then easily rectified. I can only offer our experience, perhaps it depends how detailed the individual wishes to be.

Germanshepherdsmum

The health poa requires more than just ticking boxes. It is easy to think that what you have written clearly sets out your wishes but sadly it’s not always the case. A solicitor can make sure that your wishes are properly set out.

Is it? I honestly can’t remember writing anything like that and Mum certainly didn’t. I seem to remember a section which was not compulsory, could that be it? My Mum entrusted me to make decisions for her about her health and welfare. Also her Property and Finance.

Whatever …… both parts were invaluable from selling her house, to managing her finances, paying her bills, fees etc. When Mum was admitted to hospital the first thing they asked was who was POA. When she went into care the same thing.

The care home, Mum and I discussed her end of life plan which she was happy to do and she gave very clear instructions and I then ensured she left this earth in the care home (she said she didn’t want to pass in hospital), that I was there, that she was warm, wearing her favourite perfume and best nighties and her favourite music was playing as she slipped away. She got everything just as she wanted.

The health poa requires more than just ticking boxes. It is easy to think that what you have written clearly sets out your wishes but sadly it’s not always the case. A solicitor can make sure that your wishes are properly set out.

cornergran

I had intended to write our POA’s and had drafted a copy of the H&W POA when we decided it felt safer to use a solicitor. At our first appointment she thanked me for the draft, said it would be helpful and then immediately pointed out one section where my wording would have been contrary to the intention. We had both POAs compiled for each of us, the solicitor dealt with long distance signatures and all were back with us registered in less than four months. Such a relief to know they are done. Yes, it did seem costly but the peace of mind was and is worth every penny.

Cornergran I don’t quite understand that because completing the forms is so straightforward and is just carefully reading and ticking boxes. I can’t remember having to actually write anything or drafting anything. We had Mum’s lovely neighbour witness it all after discussing it with her.

Ours went straight through with no hiccups and the registered paperwork was back with us in 2 months although I do know it takes longer these days. It was 5 years ago when I did ours.

I had intended to write our POA’s and had drafted a copy of the H&W POA when we decided it felt safer to use a solicitor. At our first appointment she thanked me for the draft, said it would be helpful and then immediately pointed out one section where my wording would have been contrary to the intention. We had both POAs compiled for each of us, the solicitor dealt with long distance signatures and all were back with us registered in less than four months. Such a relief to know they are done. Yes, it did seem costly but the peace of mind was and is worth every penny.

Dearknees1

We did ours through our solicitor. It costs but at least you have someone to chase things up and deal with issues on your behalf. One form was returned simply because my son had gone over a date twice. He had to complete another form and so did I which delayed things but at least the solicitor dealt with it.

But doing it yourself you can chase it just like a solicitor can.
How come the solicitor who you were paying handsomely didn’t notice your son had signed wrongly?🤔

As my Mum asked me to be her POA I started from that moment and part of my duty was to ensure I did my best for her and I did, I saved her about £1,300 by doing it myself.

IClaudius

Greciangirl this is from the YouGov website

If the person who made the LPA or EPA (the ‘donor’) receives certain means-tested benefits when you apply to register it, you won’t have to pay anything – this is called an ‘exemption’.

The benefits are listed in the form above.

If the donor’s income before tax is less than £12,000 a year, you’ll only have to pay half – this is known as a ‘50% remission’.

Thank you IClaudius. 👏👏

Love it when people come on and tell you that you are wrong without checking for themselves first.

Greciangirl

People on benefits do not get it free.
If I need one, I will definitely get a solicitor to do it,
A DIY one sounds very stressful and not worth the hassle.

See below. I am correct.

Greciangirl this is from the YouGov website

If the person who made the LPA or EPA (the ‘donor’) receives certain means-tested benefits when you apply to register it, you won’t have to pay anything – this is called an ‘exemption’.

The benefits are listed in the form above.

If the donor’s income before tax is less than £12,000 a year, you’ll only have to pay half – this is known as a ‘50% remission’.