Power of Attorney - any hints and tips?

Thank you for response.

We're in the process of getting both POAs for MIL. We used wills.which.co.uk who provide extra info on the form as you fill it in & check it for you before you get it witnessed & sent off. We sent off both on April & have just had the Finance one back. The Health one was rejected because MIL has overwritten the second 2 in 2021 in one of the date boxes! So we're just getting all the signatures done for a second time. So this is not a last minute process!

The attorney signs section 11 of the finance form so (now at least) you can't be an attorney and not know about it.

@Roystonv I think you print it and sign it (donor, certificate provider, attorneys) rather than them sending you the form to sign. It's been nearly a year since I did them and I've slept since then so I'm too vague to be reliable.

POA for health is VERY useful.

Elderly relative of DH's had one for finance but not health. This relative went from living independently to hospital after an accident, and then into care (having lost both physical and mental capacity as a result of the accident).

The discharge team at the hospital, in the absence of the LPA for health, did not have to discuss where the relative was discharged to, and as a result they were discharged to a place that (while not actively unsuitable in terms of what they provided) was absolutely not somewhere that anyone would have wanted. It took a long time - essentially until the funding of the placement came within the finance LPA - before a better placement could be arranged, by which time relative had declined very, very significantly in an avoidable manner.

GET BOTH IN PLACE, and at least have an informal conversation or a written letter that states preferences, even if your relative does not want to put them into the form itself.

Get lots of certified copies (read the notes that come with it) as it's really helpful to have lots when you need to activate / use it.

Also DH was executor for FIL Will and didn’t know it.

PIL say they have set up DH and SIL to be POA, however they've never had to sign anything in agreement. It would have been done through a solicitor if true. No notification of any kind either from the OPG about it over the years.
Are they spinning us a yarn?

Sorry, can I jump in for Dh and me. We started doing both last year then Covid and witnessing got difficult so stopped. Saved on line ready to start up again but confused now. So if we do online we submit and then we are sent documents to sign? In other words found doing forms fine but what is the next online stage after they are filled in? Our sol quoted so much it made no sense to use them when we are capable (ha!)

Does anybody know how long they are taking to be processed at the moment?

mrshoho thanks. I thought as much. I can’t even imagine how hard it would be to get his signature and get it sent back when the post is so slow and takes months if it does ever appear.

Those saying they managed fine without POA in place: you were lucky. Even with POA in place, DH had widely varying experiences with different organisations.

I'd recommend putting one in place if you can.

You can print the blank forms and hand write them. That's what I did.

I agree to not have an attorney living abroad if possible.

I’m starting this process currently. Both parents and both financial and health POA.

Interesting to hear people saying not to involve a sibling abroad. My sibling lives abroad and has no intention to return to the UK. Would it be easier to leave him off the process and find a second local attorney?

I’ve already decided not to download the online forms. I’m going through a solicitor. My parents are very suspicious of anything online so won’t allow me to fill forms online.

We've did both PoAs for ourselves for my Mum, us and PiLs. Had to activate Mums last year - no problems with any of the organisations who wanted to see them.
But TOP TIP - don't let MiL hold on to the original PoAs because she might lose them all and they might have to be re-done ......

You don't need a solicitor, its an easy form. Register it straight away then the office of the public guardian will tell you if you got anything wrong on the form. You don't have to start using it straight away just because its registered. My friends' solicitor told them the H&W one is pointless as doctors don't take any notice of it. THIS IS VERY BAD ADVICE because the welfare part covers potentially deciding where and how a person lives (which is nothing to do with doctors!!).

Just a wee note that the situation in Scotland is slightly different - one POA can cover both finance and health.

Try to avoid putting the brother who is abroad on the POA. Companies may try to id him even if the POA is joint and several. Have ended up with money laundering blocks on various accounts due to this.
Also worth keeping up your mum’s passport as id.

thanks for posting this, i need to do this, should have done it a long time ago but with my mum in hospital again with even more diminished capacity this is the top of my list to do

I have POA for my mother who has dementia. I was the second attorney as my stepfather passed away. I had long discussions with her before she became ill and know exactly what she wants in terms of care. I am so pleased I am able to help her after everything she did for me.

You don't need a lawyer it's all there for you on gov website. There are rebates on costs for those on low incomes. Do it and hope you never need to use it but so important

If you go ahead and get them done (both financial and health and welfare) get a dozen certified copies made. Everyone seems to want a copy and it’s easier to get them done when you aren’t under time pressure to get stuff done iyswim!

We did finance and health for both my parents earlier this year. The forms are long winded and I was convinced we'd miss a signature somewhere but they were all accepted thankfully. I then set up an online account so if needed we can request a code to give to an organisation for them to access instead of having to send a certified copy.

Do it as soon as you can as it took 3 months in all. Me and one of my siblings are joint attorneys but can make decisions on our own if needed.

I'd also second using a solicitor. I know you can do it yourself, and everyone says oh just fill out the forms etc. But appointing a solicitor will make things easier and it will actually happen, rather than everyone just talking about it.
Bit like wills...it can be dead easy to do, but you still need to do it!

We’re possibly over cautious as my husband is a solicitor -this is definitely not his area! However, I didn’t say you have to have a solicitor involved with setting up LPAs but, like many legal matters, spending a bit up front at the beginning can save you a lot of hassle and money further down the line.
If a solicitor is used it’s unlikely that another family member can successfully challenge whether the person was competent (eg mid stages of dementia), or whether they were coerced into choosing certain people as their attorney/s. It’s astonishing how many “happy families” fall out over these things.
I’d dm Bamski