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Original poster

Lasting Power of Attorney

20 replies

Honeyroar · 18/02/2019 20:22

Does anyone know - can this be done online anywhere? Do you have to go to a solicitor? My husband is going into hospital this week, and we meant to do this a while ago, but forgot. Is there any way of doing it quickly?

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EeeSheWasThin · 18/02/2019 20:32

I looked at this a while ago when we sorting out for mum.

www.gov.uk/power-of-attorney/make-lasting-power

Looks like you do it on line but may take a while to register with the Office of the Public guardian.

We did an ordinary power of attorney in the end which doesn’t need registering.

www.gov.uk/make-decisions-for-someone

Hope all goes well at hospital.

Original poster

Honeyroar · 18/02/2019 20:35

Thank you.

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NoIsACompleteAnswerSometimes · 18/02/2019 20:37

As it's got to be done quickly, I expect you'll need to go to a solicitor. We just had ours done, but with our will company. The forms are easy enough to fill in, but the actual people to be attorneys (adult children, for example) need to sign it, and it has to be witnessed when signed. If you have your nominated appointees with you, that's probably fine, as they can sign in the solicitors office with the signatures being witnessed there.

It took us ages to get the signatures done on ours, as the kids don't live locally and the witness to their signatures made a mistake, so we had to do one lot again.
I don't know if you can do it on line, but if you were the only appointee and you both went to the solicitors it might work? I don't know if you can add someone extra after though without re-doing the whole thing, but I don't think you can, as we had to re-do ours after completely changing the appointees.. Hope that helps.
Good luck.

Original poster

Honeyroar · 18/02/2019 20:44

Does it have to be a solicitor that witnesses the signatures, or can anyone be a witness? We've left it a bit late to go to a solicitors now, I think, but I could print off the forms and send them off.

I'm kicking myself that we forgot all about it.

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RaffertyFair · 18/02/2019 20:45

You can't operate a power of attorney until it has been registered with the Office of the Public Guardian and that takes 8- 10 weeks I'm afraid. From the website:

It's registered when OPG has stamped it with 'VALIDATED- OPG '. It takes between 8 and 10 weeks to register an LPA if there are no mistakes in the application. You can apply to register your LPA yourself if you're able to make your own decisions. Your attorney can also register it for you.

RaffertyFair · 18/02/2019 20:46

The signatures can be witnessed by neighbour or friend.

NecklessMumster · 18/02/2019 20:46

We did it online without any solicitors, anyone can witness I think

Original poster

Honeyroar · 18/02/2019 20:50

Thanks everyone. I thought we'd miss the boat this time, but at least it will be done for the future, and I can set them up for my parents too.

Thanks everybody.

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RaffertyFair · 18/02/2019 20:52

Sorry - it is a lasting power of attorney that needs to be registered.

I've no experience of ordinary power of attorney which sounds more possible.

Good luck and I hope all goes well for your DH.

Osirus · 18/02/2019 23:42

I do these for a living. You don’t need a solicitor if you are familiar with using the internet and filling in forms.

You can download the forms and guidance notes online. We charge a fortune for these at work, and I feel so sad when elderly clients say they can’t afford them, when they do badly need to have them done. I always want to tell them to get a family member to do them online.

You can get him to do one in time for the operation and register it thereafter. At least it’s done. He doesn’t have to have capacity for it to be registered, but he does to make one in the first place.

It’s a gov.uk website.

Original poster

Honeyroar · 19/02/2019 10:04

Thank you.

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AnnaMagnani · 19/02/2019 10:12

As above, you can download the forms from the internet and DIY. If you are competent at form filling and make sure you do everything in the right order you can do it yourself using friends as witnesses.

I always recommend people do this and it makes me sad at work when patients say 'oh no, we'll go to our solicitor' as really they aren't hard to do.

However once sent off, they have to be registered by the Office of the Public Guardian which takes a few weeks so probably won't be done before your husband's operation.

I wouldn't worry if you just wanted it for him having surgery - doctors will always make a best interests decision on the basis of what he would want by asking the people closest to him. Fairly obviously this would be you. Plus one v much hopes there will not be any need for it because his surgery will be successful :)

Original poster

Honeyroar · 19/02/2019 13:55

Thank you. Yes I very much hope it won’t be needed and his surgery will go well. It’s his fifth hospital stay and second surgery in 6 months and a big operation. He’s been freaking me out a bit saying “if I die, will you do X and Y” and it’s made me remember that we forgot to do POA and really ought to have one! I really need to do them for my parents too. I’m pleased they can be done online.

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Mustbetimeforachange · 19/02/2019 14:00

It's not so much doing them on line as going on line & printing the forms off. It's very easy, then you need them signed, witnessed & sent off to be registered. There are two sets - health & welfare & financial.

ineedaholidaynow · 19/02/2019 14:05

You don't need a solicitor but you do need someone to sign that your DH is competent and and is happy for the POA to be set up. This person needs to have known your DH for at least 2 years, so can be a neighbour (if know them well) and has to be separate from the attorneys.

You can do most of the forms on-line but need to print them for signing and the most important is to follow the instructions for the order they need to be signed. Then send them to Office of Public Guardian to be registered. There is a cost as well, but that can be claimed back if you have low income. If you are doing your DH's you may as well do your own at the same time. It is good to have them in place even if you don't need to use them at the moment.

ajandjjmum · 19/02/2019 14:19

Speak to Yvonne at Marlow Wills (Mumblechum) - it's more involved than just printing off forms, but she dealt with PIL quickly and efficiently.

Hope all goes well for your DH.

RomanyQueen1 · 19/02/2019 14:24

My dads solicitor went into the hospital for him to sign, it was done quite quickly.

Original poster

Honeyroar · 19/02/2019 15:40

Thanks. Hopefully we can get it filled in and signed before he goes in.

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RomanyQueen1 · 19/02/2019 15:56

It took so long for my dads to come through, about 7 weeks iirc, he'd died before I got it through.

Original poster

Honeyroar · 19/02/2019 22:05

I'm sorry about your dad RomanyQueen.

Yes I dint expect it to come back in time, but it will be there in the future, at least.

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