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Lasting Power of Attorney

(10 Posts)
mowbraygirl Wed 01-Jul-15 11:41:10

My DH's DSis and BIL are in their 80's and he isn't in good health so after reading in magazines etc. decided they really should make a LPA each just the Property and Financial one just in case in favour of their two DS's.

They haven't a computer so cannot do anything online so decided to go to our local Solicitors who drew up their wills 2 years ago. When I suggested to SIL I was sure she could get it done somewhere cheaper typical of her she I can't be bothered shopping around. We had new wills drawn up about 2 years ago by Marlow Wills excellent service at half the cost they paid.

They had their appointment yesterday the solicitor is quoting something like £900 plus these court fees and registration fees she kept on about. I have done some research on the internet and the fees for the registration with the Office of the Public Guardian is £110 each for the Property and Financial one and the same for the Health and Welfare I think it is called. She then told them if their sons needed to use the LPA at any time they would have to apply to the court and that cost money and also would take 4- 6 weeks so if anything needed paying and SIL and BIL were unable they would have to pay it out of their own money then when the papers came back from the court could reclaim it. SIL wrote all this down so don't think she has got it wrong but just do not know what the solicitor is talking about. As far as I know you get the LPA drawn up either yourself or by a solicitor you send it to the Office of the Public Guardian with the amount due and providing the forms are filled in correctly they then stamp it return it to you and it is then valid. My friend has recently done it for his MIL and they then took it to her bank and building society so that they could photocopy it and put it on file that there is a LPA in favour of her daughter if it is ever needed.

From the attitude of the Solicitor I was wondering if she really didn't want to do it she did say there is a lot more to it than just filling out the forms and lodging them. Also they would like to change one of the clauses in their wills with a codicil but she talked them out of that. I am saying she is a Solicitor but when I looked up on the firms website she is listed as a Legal Executive. SIL is now thinking I don't think we will bother as it is so much money and they are only on modest pensions.

IcecreamHavoc Wed 01-Jul-15 11:58:26

That sounds a lot. Our wills weren't completely standard and we paid £250.

SomedayMyPrinceWillCome Wed 01-Jul-15 12:04:14

My mum has recently paid about £900 for medical & money LPA. I was horrified at how much it was but I'm reassured hearing that your experience was similar

Mumblechum1 Wed 01-Jul-15 14:54:29

HI OP
Firstly, flowers thank you for the recommendation, I'm glad you were happy with your wills smile.

Re. the LPAs, as this couple only need Property & Financial LPAs, £900 does sound very steep, in addition to the registration fees (which as you say are £110 per LPA).

Most firms around here charge around £750 (I know because I like to check out the competition!) but high street solicitors do of course have office overheads, so they're always going to more expensive.

Just to clarify on the procedure, this is basically the work involved:

1. The LPA, Notice and Application is drawn up for each client. .

2. The client ("donor"), certificate provider and attorneys all sign their respective parts of the form. The Notice and application to register are also signed by the donor.

3. The Notice is posted to the Person to be Told and the other 2 docs plus registration fees are posted to the Office of the Public Guardian.

4. The OPG take an average of 12 weeks to process the application and then send out the validated LPA.

5. When I'm acting, I then post the LPA by recorded delivery to the cllient. If they want certified copies I organise that as well.

Once the LPA has been validated it can actually be used straight away even if the donor hasn't yet lost capacity if they wish. Lots of clients don't want that to happen so I normally add a restriction that it can only be used once a qualified doctor has provided a written opinion that the donor has lost capacity.

The donor can revoke the LPA at any time before or after registration so long as they have capacity.

If you'd like any more info, you know where I am!

Pufflemum Wed 01-Jul-15 15:02:26

I run a Will writing company that also creates LPAs. We charge £450 for the 4 LPAs for a couple. You would pay the government fees of £440 on top of this.

mowbraygirl Wed 01-Jul-15 19:55:24

Thanks Mumblechum1 for explaining it all to me SIL is waiting for a letter from the Solicitors setting it all out and what the costs are although did say they weren't that sure of the 'court costs' as they are in addition to the £110 each for each LPA. Will be interested to see what these so called 'court costs' are for. I will talk to SIL about it all in the next few days when she gets a break from BIL hospital appointments. I know where you are so can get back to you.

Mumblechum1 Wed 01-Jul-15 20:56:38

Hi. There aren't any court costs. The OPG registration fee is it. If they are in receipt of certain benefits and/on a very low income, they may be exempt from paying the registration fee, or receive a discount.

If they didn't have LPAs in place, however, there would be a more complicated way of sorting out a guardianship order which would involve court costs.

If you need more info, there's an article on LPAs on the website.

Esmum07 Wed 01-Jul-15 21:14:05

Just so you know, I did the LPA for both finance and health for my mum who had, at that time, been diagnosed with the early stages of Alzheimers. I did it on line, mum doesn't have property as she is in a council house, got the GP to countersign both saying she was still of sound mind, sent it to the registration service and got it back within 4 weeks. I believe you can actually download the forms to fill in, but can't be sure as I did mum's on line.

Mumblechum1 Wed 01-Jul-15 21:21:25

As Esmum07 says, your Sis and BIL could do it themselves if they don't want to pay a lawyer to do it.

It really isn't rocket science to make LPAs. The guidance is very good and they could save a lot by doing it themselves.

mowbraygirl Thu 02-Jul-15 17:21:45

Thank you for all your advice. I am sure that I could download the forms and do them with some guidance from my friend who as I mentioned did it for his MIL. My SIL and BIL are always very sceptical of anything to do with computers and wouldn't want/let me do it especially as when it was mentioned to their DS1 he said it wasn't safe to do online I know typical of him he doesn't even have an email address everything has to go to his partners email hence he never hears from his cousins abroad. DS2 and his wife use the computer all the time to do a lot of things so would be more than capable of doing it for them.

I was speaking to DD last night and telling her her FIL had to apply to the courts for his mother as his sister tried to do a LPA - not online - and got it all wrong so couldn't be used. FIL had to pay court costs to sort it all out so maybe that is what the solicitor is talking about.

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