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Elderly parents

Power of Attorney Question. Is there any point when there’s no property?

46 replies

Howtohideasausage · 24/05/2023 18:50

My father has terminal cancer and is being moved into a home (funded). He doesn’t have any savings or own his own home. Today a solicitor came and said it would be £800 to make me power of attorney (for finance and health), but afterwards I wondered, is there any real point? He’s very ill, we’re talking weeks rather than months, and there’s no estate to speak of. He has a will, of which I’m the executor.

Has anyone experienced this? Thank you.

OP posts:
vipersnest1 · 25/05/2023 20:51

@Howtohideasausage, the only possible beneficial move is to get yourself made a joint account holder with him, so you can access his money immediately when there are arrangements to be paid for after his death (sorry - I've tried to put that as gently as I can). That might not be possible given your circumstances.
The solicitor advising you is a rip-off merchant.

countrygirl99 · 25/05/2023 20:56

It's probably too late for that. He would probably need to go to a branch with ID. Best to speak to the bank as they can release money for funeral expenses etc but processes will vary.

DiscoCactus742 · 26/05/2023 01:40

I printed the forms off myself
Got forms signed & witnessed
Paid the money
Received back in a couple of weeks

countrygirl99 · 26/05/2023 05:19

When was that @DiscoCactus742. Because it was only a few weeks when we did mu parents and FIL pre-covid. But everyone I know who has done one recently has waited at least 5 months even when there are no problems with the completed forms.

Soontobe60 · 26/05/2023 05:36

DeflatedAgain · 25/05/2023 12:34

@countrygirl99 I can't say! Don't get me wrong, we do all the work for you as long as we have the documents on the first visit. Just wanted to make a point that usually it's not instant.

Luckily I don't work in that department anymore, I do not miss it 😂

I've heard Santander are very good for it.

Santander are that good that they paid someone else’s bank balance into my account after I notified them of my mother’s death! They had the death certificate, all my paperwork and the probate certificate, but still managed to pay me several ££££s too much from another deceased persons account. It was only when I received a letter notifying me about the payment and I noticed the incorrect name and DOB for my DM that I realised!

Soontobe60 · 26/05/2023 05:37

DiscoCactus742 · 26/05/2023 01:40

I printed the forms off myself
Got forms signed & witnessed
Paid the money
Received back in a couple of weeks

In that case you’re the exception. Pre covid it took 4 months for my MILs paperwork to be returned.

DeflatedAgain · 26/05/2023 06:22

Soontobe60 · 26/05/2023 05:36

Santander are that good that they paid someone else’s bank balance into my account after I notified them of my mother’s death! They had the death certificate, all my paperwork and the probate certificate, but still managed to pay me several ££££s too much from another deceased persons account. It was only when I received a letter notifying me about the payment and I noticed the incorrect name and DOB for my DM that I realised!

Nooooo way 😱

As if you didn't have enough going on looking after mums estate, let alone an error like that. I hope they gave you some comp!

Sorry to hear about mum 💐

SeasonFinale · 26/05/2023 06:24

countrygirl99 · 24/05/2023 19:25

It is currently taking months to register. Sent in MILs forms beginning of June last year and got confirmation back a couple of days before Christmas.

It's quicker now. Did my own last month and already registered.

ThoseDamnCrows · 26/05/2023 07:03

Stardustkid · 24/05/2023 19:14

POA costs about £100. I would be interested if anyone does know how to get it free. The only reason in this instance to get it would be to have a say. When my DF was dying without POA it was heartbreaking to have to fight with social services anytime a decision had to be made.

If it's any consolation I had POA for my dad and still had to fight Social Services regarding every decision.

Stardustkid · 26/05/2023 08:38

So sorry you had to go through this, it’s hard enough without strangers telling you what you relatives ‘want/need’

Stardustkid · 26/05/2023 08:39

@ThoseDamnCrows forgot to tag you

ThoseDamnCrows · 26/05/2023 11:56

Stardustkid · 26/05/2023 08:38

So sorry you had to go through this, it’s hard enough without strangers telling you what you relatives ‘want/need’

Thank you, they made a very difficult situation a whole lot worse.

TreeLine23 · 27/05/2023 16:54

Interestingly @Howtohideasausage , below is a message I received from my StepF re PoA which we'd discussed (at his request) earlier in the week.

I'm researching whether or not to raise PoA for myself.
The solicitors opinion was that it was not necessary as the major financial & property inheritance aspects are covered in our respective wills.
She said they are currently taking long time to process through the legal system, she estimated legal costs around £800-900.
In our situation she didn't think it necessary.

🙄

£800-£900 for something that takes less than 30mins to complete! 😡
Some solicitors are ripping people off AND like the one above, giving out duff info...

LlynTegid · 27/05/2023 16:57

Sorry to read of your father's illness and I hope that he can be as comfortable as possible in the home he is going into.

Being practical, has he made a will?

BasiliskStare · 27/05/2023 19:10

I have POA for my parents but it has been done very much ahead of time. (it's the financial one) . It did take a while . I am intending to do the health one myself as DH's experience with his father was that even NOK have limited input ( this is one experience - it may not be universal )

Sorry for your situation OP , but if it happens then POA s lapse when probate kicks in. As others have said.

I wish you well , a horrid situation
💐

ferntwist · 27/05/2023 19:14

Seconding what other posters say. The solicitor is looking to make some money, rather poor on his part.

Sympathies on your father’s illness and hoping you have lots of support.

EmotionalBlackmail · 27/05/2023 19:52

That sounds a bit odd coming from a solicitor @TreeLine23?

A financial POA has nothing to do with wills and inheritance. You use it whilst the person is alive to manage their finances in their best interests eg selling house and managing the savings to pay for care, paying the bills whether they're living in their house or in care etc.

TreeLine23 · 28/05/2023 00:37

I agree @EmotionalBlackmail either Stepfather has totally misunderstood, or the solicitor is inept! 🤨

countrygirl99 · 28/05/2023 05:15

Really wierd advice. As others have said it's fir during lifetime. Sorting out MIKs affairs would br a nightmare without it. She's disabled after a stroke and can't speak, write or read but has lived more than 8 years like that. It was bad enough while FIL was alive and all the only was in a joint account it would be impossible now. Just cancelling things like subscriptions was a nightmare without POA.

Eomt · 28/05/2023 05:39

I am very sorry about your father.
I think the solicitor is a parasite.
My mother had a massive stroke in January and I was told she would not survive. She is still alive and still in hospital in a very bad state. I decided it was worth applying for POA for both health and finance. Whether it will be of any use remains to be seen but I followed the link posted earlier to the government website. It was relatively simple to fill in the forms and cost £84 each.It is free if your father is in benefits. My mum is but you have to provide written proof and, in my case, being hundreds of miles away with no access to this, I just paid. I sent the forms off in April but haven't received them back yet. I figured it may come in handy and , if not, it is not such a huge amount to risk. I wish you all the best. It's not an easy time.

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