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Lasting POA - should we involve a solicitor?

4 replies

LikeSilver · 25/01/2015 16:39

My Mum and stepdad are wishing to set up POAs. My Mum would like one of my sisters and myself to be her 'attorney', jointly.

This is new to me so I've been reading up a bit. I just wanted to ask those with experience if they recommend involving a solicitor, and if so, why?

My sister and I get on very well and I feel sure we would make very similar decisions, but I'm wondering whether the involvement of a solicitor would be sensible as my Mum is wanting us to act jointly. What exactly would solicitor involvement add to the document?

Thanks in advance!

OP posts:
Suzy123456 · 25/01/2015 21:19

I would recommend doing it, whatever route you take.
I think that my answer is correct but do not take it as a given as I have no legal background.
The solicitor can make sure the forms are filled right and maybe able to assess that your mum and step dad have the capacity to consent to the financial POA. It can take several months to go through, but if you do not do it and it is needed the the option through the court of protection is much more lengthy. Health POA means that if needed you can read medical notes and take decisions in their best interest for your mum or step dad if they lack the capacity at the time to do this and step in.
A solicitors all though it costs just makes the process easier with filling in the forms and judging capacity to consent to it so if they want to involve one they trust let them.

MinceSpy · 25/01/2015 21:27

My dsis and I are in the process of doing this for dps. We've used government web site and are doing it ourselves. It's easy.

marmaladegranny · 25/01/2015 21:32

I have no legal background but my late husband and I did apply for POA using the current system administered by the Office of the Public Guardian - the system changed a few years ago. After we had the POA in place my husband had a stroke and the documents were accepted by all the banks etc. There are 2 types and each one costs about £100 for each person (we only did the financial and property one). All the forms are on line and are simple to do. Using a solicitor is not necessary in my opinion and would just add to the cost.

Hoppinggreen · 25/01/2015 22:38

I am going to be doing this for my Mum and we are involving her solicitor purely because my brother will do his nut when he finds out so involving a solicitor will make sure he stands less chance of challenging it ( long story but the main reason for POA is to protect her from him)

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