Power of attorney woes

OP, one dd is attorney and lives 45 minutes away, I also put a reserve attorney down, DS who is very thorough and a bank auditor, he is about to move to Aberdeen, which is even more inaccessible.

Soon I will be having `the chat` and no-one will be offended. I am going to use my Welsh dd as reserve. Bearing in mind that solo attorney makes lots of things easier. She has already agreed to be reserve. Luckily we all get on marvelously well and have each others best interests at heart

I also realise that I will have to start the whole expensive process all over again, I do it via a solicitor. Biding my time a little bit longer, in case either dd moves and I know they would live closer together, in that case I would also move

I have the basics in place anyway

If you do not have children or close relatives, is there no provision under English law for some sort of curator to take over?

The question was not about attorneys! Of course they can be family. Question was about the person who is to be notified if the POA is used. Most useful answer pointed out that I don’t need to nominate anyone.

Also many people thought you could make changes to a POA, you can’t! You have to revoke it and start again. Be careful you don’t nominate someone who is less likely to be able to act for you in a few years time. No nice way to say it, but they need to be younger than you. No guarantee but they ate more likely to still be around and healthy.

Yes you definitely can use a family member

Pleasebenice

Not sure you can use a family member as they would stand to gain financially.

Most people nominate their spouse then their children so that is not true.

MrsMatt

Pleasebenice

Not sure you can use a family member as they would stand to gain financially.

You can have a family member for both types of POA. I was for both my mum and dad.

Where does all this nonsense come from, why do people write if they are not sure on matters like this?

grannybuy

In, if you have guardians, as opposed to POA, you are required to keep, and submit details of expenditure.

all POAs are very much required to keep records but they aren't called guardians, they are called deputies, at least that is what I think you mean.

Pleasebenice

It’s not the attorneys that is the question. It is the person to notify. Can that be a relative or can you just not have one?

Notified of you having chosen a POA? only people that would be affected but you do not have to notify anyone. If you choose to that is up to you. I take it that is what you mean.

Cabbie21
We made several mistakes on ours - resubmitting several times- & no addional charge

Since the pandemic, there is a huge backlog and significant LPA registration delays due to limits being imposed on the OPG. Processing is taking anywhere between 18 – 24 weeks so it’s essential that you thoroughly check the POA before submitting. It is not imperative to name a person to be informed of the POA application.

Does anyone know why it takes so long for registration?

My brothers and I have PoA for Health and Finance for our Dad, we did online and were £82.00 each and I believe have recently/or are due to soon rise to £92.00 each. Our solicitor said there was no benefit to doing directly through them, unless there was something particularly complicated we wanted added, so to do online ourselves. Unfortunately my Mum who has dementia didn't have PoA's and we therefore need to register as Deputies with the Office of the Public Guardian; whereby we WOULD have to keep financial records of all outgoings and I believe these have to be submitted annually. Unfortunately it is apparently a slow process and cant take best part of 9 months for the registration.

grannybuy

I had POA for my late DH, as he had dementia. I was never asked to keep a record of expenditure, nor after his death was I asked questions relating to it.

This only applies if you can’t take out POA because the person’s dementia is advanced, in that case you have to go through The Court Of Protection and details of all expenditure have to be recorded.

Pleasebenice

It’s not the attorneys that is the question. It is the person to notify. Can that be a relative or can you just not have one?

You don’t have to have one, nor do you have to have replacement attorneys. When we did ours we kept it as simple as possible.

Grannysmith

By the way you don’t have to pay again if you make a mistake.

This is not correct. You can re-submit a new form, (not a correction of the original) within a short time, for half the fee.

In, if you have guardians, as opposed to POA, you are required to keep, and submit details of expenditure.

Pleasebenice

Not sure you can use a family member as they would stand to gain financially.

you can have family members, we went to a lawyer to have our POA made out ,and we could name our son and daughter...

I had POA for my late DH, as he had dementia. I was never asked to keep a record of expenditure, nor after his death was I asked questions relating to it.

My DD and me are named on the mums poa x

POWER OF ATTORNEY CAN BE A LOADED GUN IN THE WRONG HANDS....I SPEAK FROM EXPERIENCE...my neice stole 33,000 from my 96 yr old mum, I was 200 miles away, eventually the fraud department made her repay it, unfortunately mam passed away age 97 recently, THE TRUTH CAME OUT...IT WAS HORENDOUS....PURE GREED

Pleasebenice

Yes but the financial poa allows people to take over your finances.

Who better to do that, than a chosen, trusted family member who loves you and is very familiar with your lifestyle, finances and personal preferences.

My first choice Attorney (finance and welfare) is my Husband, and I'm his. If, or when, our first attorney is themselves incapable, our sons are the nominated attorneys to take over.

By the way you don’t have to pay again if you make a mistake.

Pleasebenice you can have a relative and most people I know do ….I paid £80 for each, health and finances I did it myself online.
My eldest child is POA for both my finances and my health my other children live overseas so wouldn’t be helpful ….they all know
I was POA for my parents

We've both got separate financial POAs and we've each nominated three people to spread the risk, a couple in their 20s and 30s and also each other. We haven't needed to use a solicitor. I'm assuming, from what I read this is acceptable.

Pleasebenice

Not sure you can use a family member as they would stand to gain financially.

You can have a family member for both types of POA. I was for both my mum and dad.