Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Original poster

Lasting Power of Attorney

41 replies

SushiAtTheSeaside · 04/02/2024 14:50

We would like to get LPA set up. Is this something straightforward enough that we could do on our own via the .Gov website or is it better to get a solicitor/will writer to do it?

DH and I would each name the other as the attorney. We don't have family in the UK and have only a couple of close friends; we are planning to ask one of the friends to serve as a replacement attorney.

Our oldest child won't be 18 for several years, but we were thinking that, at that point, we could appoint them as replacement attorney as well, and they could make decisions with the other replacement attorney. Does that make sense?

OP posts:
Bromptotoo · 04/02/2024 14:53

Provided you don't want anything complicated just straightforward mirror image LPA's appointing your DH and yourself as each other's Attorneys with a third person to replace you then DIY is perfectly possible.

LaunchingTeabag · 04/02/2024 14:55

I did LPA myself through the .gov website. It's fairly simple.

You shouldn't have to get someone to do it. It's not difficult at all.

I've heard advice that it's generally not a great idea to name your spouse/other half as attorney in case you both get incapacitated but I wouldn't worry about that personally and it sounds like you have limited choices.

Roussette · 04/02/2024 15:03

Do not waste your money getting someone to do it!

We're old, we did them ourselves with our adult DCs as POAs plus each other to each other.

We did the health one and the financial one. Take it slow, be meticulous in the paperwork, you will need a sponsor/witness.. it's just a lot of paperwork that's all.

StopTheGreyness · 04/02/2024 15:04

I did an LPA a few years ago just via the government website and it was pretty simple. I have my DH as my attorney but I also have a friend as a back-up in case both of us are in a car crash or something and my DH is incapacitated as well. You can add someone as an alternative attorney.

Ihateslugs · 04/02/2024 15:10

The main thing to be careful about when you do it for yourself is the dates and order that various parts need to be signed and witnessed. As far as I remember, the donor is the last person to sign the forms after the attorneys.

I think it would be a good idea to include your son as an attorney when they are 18 but it would be helpful to check with the OPG if you can add someone at a later date or if you would need to revoke the original POAs and set up new ones which would mean paying again.

skyeisthelimit · 04/02/2024 15:15

We have just done both LPOA for both of my parents appointing both myself and my brother. It cost £81 for each of my dad's forms and £41 for each of my mum's as her income is lower.

It was easy, you just need to be aware of what they ask you about the dating and signing order.

It saves a fortune if you can do it yourself.

skyeisthelimit · 04/02/2024 15:16
  • missed out, we did it through the official Government website
Original poster
SushiAtTheSeaside · 05/02/2024 22:20

Thanks everyone. Sounds like we should be able to do it ourselves.

OP posts:
Roussette · 05/02/2024 22:22

Good luck !

Toddlerteaplease · 05/02/2024 22:30

I have been trying to persuade my parents to get LPA. They are considering getting it for each other. But I'm trying to persuade them to give it to my sister and I as well. Just in case.

whiteroseredrose · 05/02/2024 22:44

Agreed. Really straightforward. You need someone to witness your signatures which is a lot. Put the kettle on!

Roussette · 06/02/2024 07:08

Yes the witness/donor or whatever they call it has to sign and put address etc on a LOT of papers. We have known him for decades, and he didn't really mind but we didn't realise quite how onerous it was!

MadameMaxGoesler · 06/02/2024 21:07

At present you can only partially complete LPAs online - they still have to be printed off for wet signatures. There are changes in the pipeline, by way of secondary legislation under the Powers of Attorney Act 2023, to make the process doable entirely online. There is cross-party agreement on this, so it is likely to go ahead regardless of the outcome of the next General Election.
So if no pressing need, perhaps wait for that.
Anyone who doesn't want to do it online will still be able to go to their old family solicitor and have it done on vellum.

TizerorFizz · 07/02/2024 23:38

My mother did it via her solicitor so choices were explained to her. Made sense to pay for advice so she knew exactly what she was doing.

Roussette · 08/02/2024 06:44

The thing is..there aren't really options (just if you want Health and Financial or just one of them) and Solicitors make a lot of money trying to make out only they can do it!

It's just a long tedious form you have to take your time filling out once you have decided who you want as LPAs. And arranging signatures. I will say the explanatory notes are excellent, you really can't go wrong

The number of pop ups I get of Solicitors selling this service is ridiculous, I suppose it's because I'm older.

TizerorFizz · 08/02/2024 09:51

Both health and finance have options and choices. We preferred third party went through it as those involved could not be present. Plus it’s not much money saved! Hardly a big deal. Some of us don’t want to do it all ourselves.

Roussette · 08/02/2024 10:31

Fair enough.

Original poster
SushiAtTheSeaside · 08/02/2024 14:21

I've learned a lot. Thanks, everyone.

A few more questions:

Am I right that we would cover details about our wishes (what do do if we became incapacitated, how to handle our estate, etc) in a separate document (Letter of Wishes)?

How complicated would it be for an Attorney to be based in another country?

Did you all have detailed conversations with your Attorneys in advance of putting LPA in place?

OP posts:
TizerorFizz · 08/02/2024 14:50

@SushiAtTheSeaside Personally yes. Asked DD. It’s not fair to dump it on someone.

I would not choose anyone abroad either. If the health one is needed, how will they choose a care home? How will they know your needs are catered for as you would wish? Finances a bit easier but selling a property might not be easy either if not based here. I do believe you can make requests but if you are unable to make decisions about your care, it’s difficult to write all this out beforehand. How will you know what you need? Finance has similar issues. If you write you want something, but it’s not deliverable, what then? You are handing over responsibility and it’s not a will.

Original poster
SushiAtTheSeaside · 08/02/2024 14:56

I should have clarified that I was thinking of appointing a replacement attorney based in the UK and a second replacement attorney who could be consulted and help the first one make decisions but isn't in the UK. So the one abroad wouldn't be the sole attorney.

OP posts:
StopTheGreyness · 08/02/2024 15:41

I don’t think you can have an attorney based abroad as I wanted my dad who’s based in New Zealand and it wasn’t possible.

Roussette · 08/02/2024 15:44

We are each others Attorneys for health and financial (we are probably as old as your parents!) as well as our two adult DCs.

Tizer has covered it well.

Original poster
SushiAtTheSeaside · 08/02/2024 17:58

StopTheGreyness · 08/02/2024 15:41

I don’t think you can have an attorney based abroad as I wanted my dad who’s based in New Zealand and it wasn’t possible.

The .gov site says: Your attorney does not need to live in the UK or be a British citizen.

https://www.gov.uk/power-of-attorney/choose

Make, register or end a lasting power of attorney

How to make a lasting power of attorney (LPA): starting an application online, choosing an attorney, certifying a copy, changing an LPA.

https://www.gov.uk/power-of-attorney/choose

OP posts:
Original poster
SushiAtTheSeaside · 08/02/2024 18:05

MadameMaxGoesler · 06/02/2024 21:07

At present you can only partially complete LPAs online - they still have to be printed off for wet signatures. There are changes in the pipeline, by way of secondary legislation under the Powers of Attorney Act 2023, to make the process doable entirely online. There is cross-party agreement on this, so it is likely to go ahead regardless of the outcome of the next General Election.
So if no pressing need, perhaps wait for that.
Anyone who doesn't want to do it online will still be able to go to their old family solicitor and have it done on vellum.

That's good to know the process will be fully available online soonish. I have a lot of anxiety about the state of the world, though, so probably don't want to put it off much longer.

The plan so far is for DH and me to be each other's attorneys, with a close friend as a replacement attorney. Then, when DC turns 18, add them as attorneys or replacement attorneys and keep the friend as a replacement in order to support DC in making decisions while they're still pretty young (I don't know for sure, maybe until they're 25 or 30?).

Adding another family member or close friend (who doesn't live in the UK) as replacement would be to provide more support to DC and/or to the friend replacement attorney, if something happens to both me and DH.

OP posts:
Roussette · 08/02/2024 18:07

Sounds a good plan. A lot is done online. You just have to print it out to get wet signatures and post it.
Just make sure you're stocked up with printer ink, it's hefty!