Applying for POA - straightforward?

[longtallsally2]

Please can you talk me through any issues associated with applying for POA. Both parents in early stages of undiagnosed dementia - both in denial but willing for me (an only child) to apply for POA 'just in case'.

Anything I should be aware of? Or is it really as simple as filling in a form online?

You can either do the forms yourself, or get a solicitor to do it - my parents had a solicitor do it which cost £1800 in all for finance and health and welfare POAs each inc all the COP fees for registration, certified copies etc.
Make sure you get both types done, and be aware that the process of registering POAs can take 3 months

Theres really clear advice on the court of protection website about the process

Sort of straight forward but iirc too a couple of goes to get the forms exactly correct.

Do it ASAP. You can only do it whilst they have capacity to understand and give consent. Miss the window of opportunity and you are stuffed. You get pushed into a huge minefield of proving they don't have capacity and it gets expensive as well as painful..

Agree do both Health and finance sorts of POA and it takes 3 months to become registered

Not simple. My advice would be to use a Solicitor rather than do it yourself and use one you know and trust or one who comes with a personal recommendation.

Probably worth discussing with other family members (you say you are an only child but not sure if there is other close family) to let them know what's going on as IIRC other people may be contacted to make sure that they have no objections.

The process is pretty laborious but best started now. Good luck and sorry for your situation.

The forms are OK and the OPG helpful.

However 'straightforward' also depends on whether inter family relations and your parents affairs are straightforward.

The Attorney is taking on a serious responsibility, with potential for criminal action if you get it wrong. As an Attorney you can't use your parents money to get legal advice around aspects of your role. You have to pay yourself. So if there is any likelihood of discontented family members to start complaining it is worth having a lawyer draw up the documents and use that to discuss how, if your parents are incapacitated, you might approach major decisions.

If assets are significant and you are not the only major beneficiary it is also worth ensuring you can be renumerated. There is a duty to manage assets actively. If the POA does not give scope for payment you could find yourself effectively legally obliged to spend your time managing asset which will eventually go to other people.

Cautionary tales. But if it is just you and any income/assets are straightforward, then the process is as well and you don't need a lawyer.

I did it myself. The form is quite long and I would advise reading through it all slowly in a quiet place.it will take about and hour. Then decide who else will be involved. I am sole attorney but the GP filled in his bit and my cousin was a " person to be informed". However I did make one mistake: Dad signed 2 das after the GP.,an important rule is the person giving power of attorney must sign first of all, or everyone on the same day. Because I made that mistake it was sent back. The GP had to sign again then they granted it quite quickly.

Thanks so much. No other close family at all - only very distant cousins who have emigrated and not kept in touch - so no complications. Will get onto it asap.