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Elderly parents

Lasting Power of Attorney advice needed

11 replies

squashyhat · 23/10/2017 15:01

I'm helping my elderly father to create both LPAs (I will be one of the attorneys). I approached his solicitor to ask what they would charge to be the certificate provider, and they said they wouldn't do it unless they also prepared the LPAs, for which of course they will charge a tidy sum. Dad isn't short of money and could afford it, but seeing as the forms look straightforward to complete on the website I wonder what he would be paying for, or if I am missing something and by doing it ourselves we run the risk of committing some legal gaffe which will invalidate them.

If you have done this did you go down the solicitor route? If not what sort of person provided the certificate provider role?

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MissConductUS · 23/10/2017 15:28

I can somewhat appreciate the solicitor's point of view. As a professional it's probably challenging when people come in and say "I'd like to do the easy bits and you do the hard bits but ultimately you're responsible for the whole thing.".

You can always consult another solicitor but sometimes it's better to just let someone have the whole job of it.

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SuperDiaperBaby · 23/10/2017 16:16

I have prepared LPAs for mine - very straightforward with guidance easily accessible on the web. I asked a neighbour to be a certificate provider and registered both LPAs immediately so that we would know if there was any problem. There was not and I would say there is no need involve a solicitor unless there is any question about your father's capability at the moment and even then only if your thought there was someone who might challenge. In that case I would probably still prepare them myself and ask his GP to provide the certificate. Obviously I am assuming your father is happy to give you the power to act as attorney immediately although of course even once given you do not actually need to start acting for him until you decide it is appropriate or desirable.

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Hoppinggreen · 23/10/2017 16:18

There is a lovely lady on here called Mumblechum who has a company called Marlow Wills . She sorted out the LPA for my parents and has something the same for quite a few mnetters
She's very highly recommended

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Walkingdeb · 23/10/2017 16:29

I have recently organised a LPA for my sister, the certificate provider was a good friend of hers. The certificate provider must have known your father for 2 years and be satisfied that he understands and is happy with the LPA. The Gov.uk site has clear guidance and the Office of the Public Guardian are very helpful if you have any queries.

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annandale · 23/10/2017 16:41

I think LPoAs are fairly simple. We did one recently for my mum. I am usually rubbish at reading guidance, instructions etc but forced myself to do it and it was surprisingly OK. It helped to print everything out

Mum chose two attorneys (me and my sister) but one is OK too. If your dad goes for two, choose for them to make decisions 'jointly and severally' as it's a pain if decisions can only be made by both together. One is probably easier.

It might be helpful if once it's registered, his GP gets a copy of the health one, so that in an emergency the surgery can send it to a hospital. I don't know if all surgeries do this though.

When my mum got fed up with the process I reminded her that this was what she said she wanted, and that it only applies if she can't make her own decisions, which at the moment she can.

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squashyhat · 23/10/2017 17:17

Thanks for your replies and good advice - especially about the GP having a copy of the health one. It's health issues which have led to Dad deciding to do the LPAs now. My sister and I will be the attorneys and we have already decided to go down the 'jointly and severally' route. My Dad has always been a bit of a loner so I'm wracking my brains to think of someone else he could ask to be certificate provider. I'll have another look at the guidance.

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whataboutbob · 26/10/2017 23:23

Sorry a bit squiffy right now, but just to say I did my dad's LPA, nothing very magical about it, just take your time, read form through first, then fill in slowly. Doesn't need to be done by a legal professional. the GP / your parent's neighbour/ close friend/ priest can be certificate provider. As George Bernard Shaw said, the professions are a conspiracy upon the people.