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Legal, pensions and money

Has anybody any experience of applying for Power of Attorney..

(77 Posts)
marta74 Fri 04-Nov-22 12:11:55

I have been in touch with a local Solicitor regarding taking out Power of attorney. I was quoted £1,600 for this which sounds ridiculously expensive. Can anybody suggest if they think this is over the top. Perhaps Solicitors charge different fees.

Caramme Sun 26-Mar-23 18:22:53

My late mother did a Lasting Power of Attorney, finance only, about 6 years ago. It cost @£500 through her solicitor. Following a stroke Mum was no longer able to deal with her own affairs and eventually spent her last three years in a nursing home. We had to sell her home to meet the care costs. Without the power of attorney things would have been so very difficult. But, I absolutely agree with Missedout - if there is the slightest doubt about the person’s ability to make decisions, or about the relationship between people who might have an interest in the person’s affairs, go through a solicitor. LPA can be granted to more than one person to act together or singly.
Having realised how important LPAs can be I did my own by printing out the online docs. It is straightforward but you do have to be careful, mainly about the order in which you get the various sections signed and dated by witnesses, but the guidance forms are very helpful. Also, and this isn’t made clear in the instructions, you need to get copies (which you definitely will need for the bank, etc) signed and dated on every page, stating it is a true copy, either by the solicitor or by the person granting you the power of attorney.
Good luck.

eddiecat78 Sun 26-Mar-23 18:09:02

The process involves someone who knows the donor well certifying that they understood what they were doing. This can be a long term friend or a medical or legal professional if preferred (presumably the professional would charge a fee for this)

Germanshepherdsmum Sun 26-Mar-23 17:58:58

If someone tries to say that the POA is invalid because the donor didn’t understand what they were doing, a great deal of trouble, heartache and maybe expense will be saved if a solicitor has prepared it because s/he will have satisfied themselves that the donor understood what they were doing and they will have noted that on the file for the future.

Primrose53 Sun 26-Mar-23 17:43:48

Missedout

I notice this topic comes up from time to time. The consensus is usually 'do it yourself - it's easy'.

It may be straightforward in the majority of cases but I have a close friend whose older half sister is trying to challenge the power of attorney arrangement for their father who now has Altzheimers. Power of attorney was overseen by a solicitor who attested that the father was capable of making decisions regarding POA at the time. The half sister is making the family's life a misery, sending social services and police to my friend's mother and keeps up a steady stream of vile comments to the rest of the family. The half sister is also trying to get access to her father's bank accounts but he doesn't always remember how poisonous she became to his second wife and family and that he had no intention of allowing his oldest daughter to have any say in decisions about his care should he no longer have capacity. The solicitor in this case has been able to support the family and they are getting to the stage of taking out an injunction. It has all turned very nasty and the whole family have been affected.

'Do it yourself' POA may not always be the best way, even though it is cheaper.

We did POA on Gov. Website and it was straightforward and cost less than £300 for both parts compared to £1200 the solicitor quoted me.

After all you have to provide all the info to the solicitor in the first place so you may as well put it on the forms just like they will! Remember this IS 100% legal document not some dodgy thing. The documents you receive are exactly the same as if you used a solicitor.

Interestingly, we had a similar scenario to your friend when I was granted POA but since I was confident that I had done nothing wrong I left it for the Office of the Public Guardian to sort out and they did and they said there was no evidence of wrongdoing on my part. This cost me nothing and I did not involve a solicitor. The only person making money out of this is your friend’s solicitor but there really is no need to even involve one.

Happygirl79 Tue 24-Jan-23 21:02:01

Thank you, everyone. I contacted the department, and they sent out paper copies of the relevant forms to me .Now completed and sent back

Wyllow3 Sat 31-Dec-22 20:28:47

Thats reminded me to put it on my list. I am nearly divorced - abusive situation - and as soo as I started proceedings cancelled the standing LPA's as it named him: I'd rather my solicitor did it, they are excellent and I expect to pay around £300 max plus fees. Rather leave it to them emotionally as well as practically, part of the reason is they will always answer follow up questions/concerns for free if any further concerns. Its nicer to go in, answer questions, feel it will be properly done.

Part of the reason for this is that the office of Public Guardian is very overloaded and even cancelling the old ones ran into complications. Rather let someone else chase them. so my message is find a solicitor who is reputable and charges reasonably as you shouldn't have to pay more than I stated.

Maybe it costs less in different towns? Ie the going rate might relate to what solicitors can get away with locally?

Sorchame Sat 31-Dec-22 20:20:20

Printing off 2 sets of forms plus the accompanying guidance notes, will take a lot of paper, and printer ink.
Happygirl79 said she's not too good with online reading...it would be easier for her to phone the helpline and ask to have them posted out to her.

MrsKen33 Sat 31-Dec-22 20:06:01

Exactly. I wish she had spoken to me and we had done it online. However she is in her 90s and used to doing things on her own.

Madgran77 Sat 31-Dec-22 19:47:43

You don't need a solicitor. We did ours online. You night find it helpful to print the form off and fill in by hand to be sure you are clear what you are saying before filling in online. The solicitors quote is quite ridiculous

Also the POA helpline are really helpful if you are unsure about anything whilst filling in

Barmeyoldbat Sat 31-Dec-22 19:31:50

Did it all online, it’s idiot proof

MrsKen33 Sat 31-Dec-22 18:40:24

My aunt went to a solicitor in March last year to apply for myself and a niece to have Power of Attorney. She paid £700. We still haven’t got it. I am about to ring them next week to find out exactly why? So beware the useless solicitor .

pensionpat Sat 31-Dec-22 18:15:09

For people who are in receipt of Pension Credit the fee for registration - £82 for each - is waived. So completely free.

Shinamae Sat 31-Dec-22 18:12:40

I have been meaning to do mine for over two years now, even bought a printer! Really must get on with it this year..

OnwardandUpward Sat 31-Dec-22 18:12:37

You can do it online, but it's easier to print it out and sit and do it with someone.

Sorchame Sat 31-Dec-22 18:08:06

Happygirl79 yes, paper versions were available when we completed ours earlier this year.
Phone them, they are very helpful, and will post the forms out to you.

ExperiencedNotOld Sat 31-Dec-22 18:02:30

There are firms online that’ll do the registration for a reasonable flat fee. Just do a bit of research to make sure they are a branch of an established legal practice.

kittylester Sat 31-Dec-22 17:43:47

I think so but ring the Office of the Public Guardian and ask.

Happygirl79 Sat 31-Dec-22 17:33:17

Does anyone know whether paper copies of the applications can be requested from the office of public guardian? I am not very good with online reading
Thanks in advance

Lovetopaint037 Tue 15-Nov-22 19:45:47

Thank you Barmey. Will do.

Barmeyoldbat Tue 15-Nov-22 10:29:34

Send them all in one envelope and do a secure posting so you have proof that you sent it.

Lovetopaint037 Tue 15-Nov-22 09:42:52

I have just completed POA forms online for myself and my dh for finance and health.So 4 forms. They are awaiting signatures. I am not sure if I should send them in two envelopes so finance and health for myself in one envelope and the same for my dh. Or should each be sent separately. Sounds silly but not sure.

Newquay Mon 14-Nov-22 09:37:05

We’re in the process of doing ours using a solicitor-she’s charging £280. Then there will be the £80 fee to pay too.
Personally I want to be sure they’re done properly so there’s no problems when/if they need to be used.

kittylester Mon 14-Nov-22 06:27:04

There is no need to do a further one but it would be good to do a health one.

Cabbie21 Sun 13-Nov-22 23:39:47

I have the old Enduring Power of Attorney. I know it does not cover health, but apart from that, is anyone aware of any reason why it might be in my interests to do the LPA instead, for finance and property?

kittylester Sun 13-Nov-22 22:41:14

Banks and building societies usually want a 'certified' copy so you probably won't gey it back