POA

[bananaskin123]

I feel that DH and I should do this but can anyone give me some idea of how much it would cost to do it via a solicitor. I've been told there are forms that can be down loaded but would prefer, if its not too expensive, to do it through a solicitor. Also once we've done it, do we keep a copy or do our two children who will be named on the document.

Thanks for your help.

I honestly wouldn't bother with a solicitor. They will charge you approximately £400. The process is very straightforward, you can fill out the forms online and print them and it very clearly tells you which order to sign the forms in. The website even has a signature checker, to make sure that you/the attorneys/the certificate provider have signed in the right order. If you make a mistake you can just reprint.

I did this in March for 8 POA applications (health and welfare + finances for Mum, Dad, DH and Me) and they've all gone through fine.

@bananaskin123

I feel that DH and I should do this but can anyone give me some idea of how much it would cost to do it via a solicitor. I've been told there are forms that can be down loaded but would prefer, if its not too expensive, to do it through a solicitor. Also once we've done it, do we keep a copy or do our two children who will be named on the document.

Thanks for your help.

You choose who receives the POA document as part of the process. My plan (I'm lead attorney on all but my own POA documents) is that I will keep the originals and give copies to Mum and Dad.

I’ve just done this. Very straight forward to fill in. Hardly any details above names address and signing so not huge amount you wood be paying £400 for. Once it’s registered £82 for each one you can keep main copy. And since it’s yours you can photocopy and sign and certify each one. Again plenty of guides to show how you do this.

Unless you earn more per hour than £200 and are not capable of reading downloading forms it’s waste of money.

You don't need a solicitor. You can do in online at Gov.UK. Costs £82 per POA

I do think it depends on your family dynamics. My brother and I get on superficially but below the surface we really dont agree on much. So when one of our parents wanted POA for financial and medical - I asked for it to be split - financial vs medical. My parent chose to use an advisor - I had lots of questions; my brother none. Then after the forms were all signed, witnessed etc we were all chatting. Something came up in conversation and he said but that wouldnt be just me to decide? I said yes. That is your area. He hadnt looked at the papers, hadnt understood what he might need to do. The advisor had asked several times in both this meeting and prior communication.

So if you DIY with more than 1 family member I think you could end up with family issues or possibly legal disputes in worst case scenario. I wanted to avoid that. Saving a couple of hundred quid to have that - no thanks.

Unless the solicitor is offering hours and hours of face to face advice though that’s not going help. The forms clear have a decisions to made jointly or together box if you don’t have adult who can understand that paying £400 isn’t going solve their issues. You say your brother was still unclear after you had adviser so not sure how that would help.

You need to get the GP to sign off on the POA don't you
My parents GP was going to charge more than the lawyer

You don’t need Gp sign off you need someone’s who known you for over 2years and confirm you are of sound mind and no one is forcing you to sign anything. If your parents are already showing signs of confusing or dementia then you may need Gp to confirm they are capable at point of signing. But generally it can be anyone who’s over 18 and can voucher for you so not like passport where only certain jobs can.

@Akire

Unless the solicitor is offering hours and hours of face to face advice though that’s not going help. The forms clear have a decisions to made jointly or together box if you don’t have adult who can understand that paying £400 isn’t going solve their issues. You say your brother was still unclear after you had adviser so not sure how that would help.

I am assuming your comment is referencing to my post. It was better for our family dynamic to have an advisor (actually a chartered accountant (like myself) who after retirement took on POAs). Everyone in the room was a competent (official definition - with capacity) adult. I was future-protecting myself. My mum didnt pay £400.

If you sign self-forms - yes we can all do that - but i do wonder what family fall-outs there will be. My mum's witness was a slightly hoity-toity friend who was puzzled by the split as her DC had all signed both POAs and according to her there would be no disagreements. I smiled sweetly and said that as she would be dead she wouldnt know. And she wont, and I bet in many families there will be.

"My mum's witness was a slightly hoity-toity friend who was puzzled by the split as her DC had all signed both POAs and according to her there would be no disagreements. I smiled sweetly and said that as she would be dead she wouldnt know."

POAs expire on death. The decision of who to have as attorney(s) rests with the donor. Legally, nobody can challenge a POA on the basis that they disagree with who the attorney is.

POA come in when someone is alive they expire when the doner dies. Are you confusing POA attorneys with will attorneys? Will attorneys make decisions after death POA make choices on behalf of the person who Is alive and is incapable.

Sorry I mean will executors.

Have you looked at the forms online and had a go at filling them in?

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

Do you have someone, not related to you, who can certify that you are of sound mind? They do not need any special qualifications, a neighbour who has known you for over two years will be fine.

What would you want the solicitor to do?

If you are stuck at any point, post your question here. You will get good advice, either the solution or the confirmation that you do need legal advice.

If you are in Scotland you might want to check out the Scottish guidance as I believe there are some small differences. (Disclaimer I don't know because i've only done it in Scotland)

www.mygov.scot/power-of-attorney

Good point, @JazzTheDog