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POA/LPA

9 replies

diddl · 14/12/2011 08:01

What can anyone tell me about them?

If someone is capable now, but might become not so, which is needed?

Also, do you have to involve a solicitor or is it possible to fill in a standard form & register it?

My Dad was recently in hospital & the main concern at that point was our inability to access his bank to pay bills for him.

This is all we would really want to be able to do should this happen again.

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mumblechum1 · 14/12/2011 08:14

OK, so there are 2 types of LPA - health and social, and property & financial. Most people just do property and financial.

I do them within my will writing practice, but if you want to have a go yourself, the forms are downloadable from the yougov site.

Your parents need to have mental capacity at the time they make the LPA. They need to appoint at least one (usually 2) Attorneys, so in your case maybe you and one of your siblings.

The application needs to be countersigned by someone who's either a professional, eg GP, or has known you rparents for at least 2 years.

They also need to nominate one "person to be informed", maybe a close friend or concerned neighbour, and if that person thinks the LPA is not in the donor's interest they can object.

Although you don't have to register the LPA immediately, I recommend that you do as they are extremely picky about the tiniest error, and if they reject it after the donor has lost capacity and can't fix it, it can cause big problems.

The fee for registration is £130 per person per LPA, so if both your parents do both types of LPA, it'll cost £540. There are fee exemptions for people on low incomes.

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diddl · 14/12/2011 08:20

That´s great, thatnks.

I know my Dad would want us both to do it (my sibling & I).

Any idea why a lot don´t do the health & social one?

TBH, that´s one I could see us arguing over-ie my sibling saying let him go for every available test & me saying no, give the poor old sod some rest!

Dad has a will, but didn´t do this or didn´t get the chance at the time.

We would be looking at the best part of 1000GBP!!

If you pay to register & it´s rejected, do you resubmit & pay again?

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mumblechum1 · 14/12/2011 09:34

Hi, it wouldn't cost as much as £1,000, the max, for both your parents doing both types of LPA would be £540 (it's £130 per person per LPA). Sorry, I was assuming your mum would also be doing one - sorry if I've put my foot in it there.

If your dad just does a Property and Finance one, it'll be £130, if he does Health & Welfare as well, total cost will be £260.

If you make an error, you don't pay twice.

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diddl · 14/12/2011 10:23

That figure would be if the solicitor sorted it out for us as I was under the impression that only a solicitor could do this-but it would appear that that isn´t the case(?)

You haven´t put your foot in it

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yellowvan · 14/12/2011 10:30

its a really straight forward form, available online from the Office of the Public Guardian. You will need it signed ('certificated') by someone who has known them for (i think) 5 years, and someone to witness yours and their signature. doesn't need a solicitor if it's straight forward. Takes about 12/13 weeks to register once it has been sent off. Have found that banks etc are a bit unhelpful about registering it with them, and letting you as POA use it, as branch staff don't know the procedure and legal status of the document. On some accounts for eg, a poa can't have internet access in the way that normal account holder would.

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legalduck · 14/12/2011 12:04

The OPG is helpful if your nice to them.If you have a problem give them a call and they will talk you through it.
The forms for the LPA are straightforward but solicitors and others get them wrong. That is the problem, a very small mistake can result in delays on the delays and if you think of the age and condition of the people making the LPA there is the danger that LPA will be rejected and another application to register would have to be made.
If you are in doubt go to a solicitor and chat it through. They will often be able to act as cetificate provider.

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diddl · 15/12/2011 07:18

Forgot to ask-how do you register it?

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legalduck · 15/12/2011 11:43

Diddi There are registration form in the pack. Really your father the donor should register. Be careful of the dates on the forms. There is an order of dates and this is an area most cited when the OPG rejects the LPA.

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diddl · 15/12/2011 11:46

Thanks!

Yes, my father would be doing it all-we would only be filling in our bit.

If he decides to go ahead now that he is feeling better & invincible again!