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Legal & money

Warning about Lasting Power of Attorney

(17 Posts)
watermeadow Sun 20-Oct-19 20:17:29

I recently completed the forms for both kinds of LPA. It took weeks to get the lengthy forms and guidance printed out and sent to me, to get all the right people to sign in the right order, to decide everything needed, to claim a reduced fee with lots of evidence, to check it all several times.
Yesterday I got it all back, rejected because one witness had entered her full names and address once but not the second time.
Legally, not one word can be added or altered after you’ve signed at the end. I am furious. I won’t do all that over again so will have only one of the LPAs.

Eglantine21 Sun 20-Oct-19 20:26:20

Who are you furious with?

Treebee Sun 20-Oct-19 20:31:01

We had this problem with my Mum’s first LPA. My surname was spelled incorrectly in one place (the form was completed by someone from Age UK) so the whole thing had to be done again. Thankfully it wasn’t too expensive done by the charity. When Mum remarried she had her new LPAs done properly by a solicitor.

SueDonim Sun 20-Oct-19 21:44:43

Surely the solicitor is responsible for checking it's all in order before sending it off?

I don't really understand why you'd need lots of signatures anyway. Dh and I have done LPA's and the only signatures needed were ours and our AC who has the POA.

suziewoozie Sun 20-Oct-19 22:43:16

No Sue that’s not true - it’s a while since we did ours but we had to get our signatures witnessed by a 3rd party - obviously the person getting the POA can’t witness the person giving the power. I also recall someone having to declare I was of sound mind or something - my dd would never have done that😀

Marydoll Sun 20-Oct-19 22:51:36

Ours were checked before we finally signed.

Barmeyoldbat Sun 20-Oct-19 22:55:19

The Office of The Public Guardian are useless. I had POA for finance for my daughter and she objected. Cut a long story short she contacted the OPG, they sent her a form, she filled it out and signed it with an X. The form was one that I would use if I didn't want to do POA for her anymore. They revoked it. 15 months on after The Court of Protection has ruled that they were wrong and it should never have happened.

So now I submitted a long lit of my expenses that they are going to pay.

SueDonim Sun 20-Oct-19 23:07:30

We only did ours earlier this year and I think the solicitor was the witness. I don't remember anyone else being involved. He also decided we were of sound mind, haha!

There were no other witnesses when my mum did her POA either. Maybe the law is different in Scotland.

suziewoozie Sun 20-Oct-19 23:22:05

Ah I see Sue the solicitor was the witness - but for people who do their own, they have to have a third party witness - which is what your solicitor was in effect - he wasn’t witnessing it as a solicitor per se.

suziewoozie Sun 20-Oct-19 23:31:18

Sorry missed the Scottish bit - yes it’s all different apparently and still called POA not LPA. What I posted is true about England

SueDonim Mon 21-Oct-19 00:05:24

Oh, I see! Yes, of course there will need to be a witness if you're doing it yourself. That's why we didn't do a DIY job, we did the lot when we updated our wills.

Marydoll Mon 21-Oct-19 07:53:35

We are also in Scotland and updated our wills and organised POA at the same time, witnessed by a soliciter.

suziewoozie Mon 21-Oct-19 08:54:08

I had a look at the Scottish system out of interest - there’s quite a lot of differences apart from the name but the main one seems to be it’s a lot easier to be certified as sane in E and W ( don’t know about NI). I wonder if any significance should be read into that?

SueDonim Mon 21-Oct-19 09:45:11

I wonder why the differences? Interesting!

craftyone Mon 21-Oct-19 16:08:03

My LPA was witnessed and signed by my solicitor today. The two ducuments.They see you one to one so that they can observe the sound mind. I am taking it to my first attorney to be signed by her and witnessed by her husband tomorrow, then it goes back to the solicitor to send to my reserve attorney in scotland, to be signed and witnessed again. Then the solicitor will register the two documents, I will pay and that will be it

I had my updated will signed and witnessed today too. All neatly done and dusted, to be tucked away into my file for just in case

suziewoozie Mon 21-Oct-19 16:20:48

But you don’t need a solicitor in E and W - our next door neighbour said we were of sound mind. Bless them - they’d sign anything to stop us ringing their doorbell in the middle of the night and running away.

watermeadow Mon 21-Oct-19 20:54:16

Why am I furious? Because the bit which got missed was utterly irrelevant. Witness signed, with names and address in Section 5. Signed again in Section 9 but missed off full name and address.
Lots of names and witnesses because I named all 4 daughters as Attorneys.