# Lasting Power of Attorney



## lucy123 (Nov 24, 2011)

Hi

I am finding myself in a position where I need to do a lasting Power of Attorney for my mum to take over her financial affairs but the cost is astronomical - ?580 is the cheapest I have been quoted so far.

Has anyone found it any cheaper?


----------



## Caroline (Nov 24, 2011)

Have you got a community law centre near you or a CAB? They may be able to offer you some assistance or at least help you find someone who charges reasonable rates and is not related to John Wayne or Clint Eastwood.


----------



## vince13 (Nov 24, 2011)

I think that's a ridiculous price - can't you get it done online as you can with Wills ?  I see Age UK has details regarding these Powers of Attorney online so contacting them may help (and there is a firm online called TenMinuteWills.co.uk which have a downloadable form - I am not in any way involved with them I hasten to add !).

Having said that, as a former solicitor's seretary/PA I know you do have to be careful with the wording etc. but if you can find a cheaper one go with it because most of these things are standard format and they only have to fill in the blanks (name, address etc).  I did look into doing an enduring Power of Attorney a few years back but hubby didn't like the idea so we didn't go with it.  If I'm the one who's left though I shall probably go along those lines at that time.


----------



## Andy HB (Nov 24, 2011)

That sounds ridiculously expensive.

Unfortunately my experience with Dad (my brother and sisters and I all have Enduring Power Of Attorney) is getting on for ten years old now. But I don't recall it being anywhere near that expensive to set up.

My faulty memory also seems to remember that we didn't have to go anywhere near the Court of Protection being that Dad was still aware of what he was doing (and still is) and was able to sign the requisite forms.

Andy


----------



## lucy123 (Nov 24, 2011)

Thanks everyone for the speedy replies. 
I had a look at the age uk website and it does say you can do them yourself and just pay ?120 but I wouldn't know where to start. Maybe I should give it a go though. I wish I knew a solicitor!


----------



## Copepod (Nov 24, 2011)

Hi Lucy

I think Age UK will be able to give you more information beyond the minimum costs (which are fees to register the documents). If you do consult a solicitor, make sure they have experience in drawing up lasting / enduring (not sure of official term) Power of Attorney. The rules changed a few years ago, which means costs have risen since 10 years ago.


----------



## Catwoman76 (Nov 24, 2011)

lucy123 said:


> Hi
> 
> I am finding myself in a position where I need to do a lasting Power of Attorney for my mum to take over her financial affairs but the cost is astronomical - ?580 is the cheapest I have been quoted so far.
> 
> Has anyone found it any cheaper?



I enquired about that last year and I couldn't afford it and my dad didn't really understand what I was talking about, so I/we couldn't do it.  Not much help I'm afraid. I hope you find a cheaper and legitimate one, just be on your guard if you look on the internet.  Best wishes Sheena


----------



## trophywench (Nov 24, 2011)

Do you actually have a Court fairly near to you?

I ask this because for other stuff, if you can go in to the enquiry office and talk to them, we have always found them really really helpful, providing all the forms and explanatory booklets and also sitting down with you in a private office to fill em in.  (which we didn't expect)  And they will also do as many photocopies of everything as you need (birth certificates, the forms themselves, whatever) for a very modest charge - and generally make stuff dead easy for you.


----------



## Pumper_Sue (Nov 24, 2011)

Hi Lucy,
          My parents set one up a couple of years ago just incase they couldn't manage their bits and bobs.
There is a sliding scale of charges depending on income/savings it can cost as little as nothing.


----------



## Ellie Jones (Nov 24, 2011)

?580 sounds a lot of money, but does depend on what you are getting for it and if it's being sanctioned by a court of law and is this something you need to be doing now or whether you'll looking for it to kick in, if at some point in the future your mum may require someone to act on her behave and best interest!  And if any property is owned..

Couldn't tell you the cost but when OH dad died this is what was arrange via a solicitor and received legal stamping from the courts..

OH and his brother have been issued with court papers that gives them the legal right to become their mum's power of attorney at any point that it is required.  MIL can change her mind at any point of time, but would need to apply to the courts for any changes to be made.

If property is involved...

Half of the property deeds can be transferred over to children and legal provision attached to it, so that the child/children can not rise a mortgage, secure a loan against, rent etc their share of the property.  Also they can not contest a sale of said property by the main share holder and if said property is sold then the same entitlement is transferred over to a new deed.

They is some legalities surrounding the transferring from one deed holder, concerning the deed holder must survive for a period of time after the transfer to make it legally binding but you would have to ask a solicitor about this..

What the above effectively does is protect half of the property from the state, if the main deed holder has to go into residential care or sheltered accommodation then the state can only put a levy/charge against the share owned by the individual.

When it comes to wills, there is another thing you can do to protect money going to the state..

If an individual within the will receives or will require care support you they receive a cash sum that is placed into a trust fund for them, so if you want them to have the holiday home you instruct that this is sold and the cash is place into a Trust Fund..  Then again the State can't touch the money for the provision of care...

As vince said it is possible to do the legal paperwork yourself...

But if there is one mistake, a legal term not used or wrongly used, an error in how it is witnessed or even a spelling mistake and the i's not being dotted or t being crossed this will invalidate it..

And any interested party, State, relative or even friend can contest either it, be it a will or an power of attorney..


----------



## Pumper_Sue (Nov 24, 2011)

Hi Lucy done a quick google search for you this is the google page

http://www.google.co.uk/#hl=en&sa=X....,cf.osb&fp=30879d0b5961a47b&biw=1280&bih=578

So take you pick


----------



## rhall92380 (Nov 24, 2011)

Hi Lucy

My mam is setting a Lasting Power of Attorney (LPA) up via a local solicitor at a cost of ?420. 

The Office of the Public Guardian (OPG) charge ?130 to check it, and - if correct - register it. The OPG charge is for checking the LPA so if it is not completed correctly it will not be registered and the fee lost. For those with an income of less than ?12K per annum Registration costs ?65. 

In our case if the LPA is incorrect the solicitor will pay the fee for subsequent registration.

Richard


----------



## trophywench (Nov 24, 2011)

Sue - that link just goes to Google home page, not any info about LPA etc.


----------



## lucy123 (Nov 25, 2011)

trophywench said:


> Sue - that link just goes to Google home page, not any info about LPA etc.



It actually went to a full page of very good sites on LPA Trophywrench for me?   Thanks Sue 

i managed to find the TenminuteWill site and could have the whole thing down to ?100 and this would include them checking the forms for me prior to sending them off. 

Thanks everyone.


----------



## trophywench (Nov 25, 2011)

Still the same for me, how weird!

Glad it's proved useful anyway.


----------



## lucy123 (Nov 26, 2011)

Now for the next question.

If you are given power of attorney - does that make you totally responsible for somebodies finances. i.e If my mum was to go and take out loans I didn't know about, would I be responsible for paying them back. Also would I be responsible for any of my mums debts should she pass away?

Its probably important to say my mum is suffering from dementia and what she is allowed to do and what she tries to do are often two different things.

I want the Power Of Attorney to be able to help sort her finances out for her each month as her mental health team say she is not capable of doing this.  However I don't want to find myself getting into any trouble myself.

If anyone wants to give me any advice via pm that would be good.


----------



## trophywench (Nov 26, 2011)

I think the onus is on the loan company isn't it? - because these things are registered somewhere, or something.  So when they do the credit check there should be a note on it?

It's the same as a minor lying about their age and getting credit.  I think  their parent is not responsible for the debt  ..... it was up to the lender to establish that.  Hence the need to produce utility bills, driving licence, passport, whatever.


----------



## lucy123 (Nov 26, 2011)

trophywench said:


> I think the onus is on the loan company isn't it? - because these things are registered somewhere, or something.  So when they do the credit check there should be a note on it?
> 
> It's the same as a minor lying about their age and getting credit.  I think  their parent is not responsible for the debt  ..... it was up to the lender to establish that.  Hence the need to produce utility bills, driving licence, passport, whatever.



Aah - now that makes sense - I never thought of the credit check. Thats answered a good part of my worries TW thank you.


----------



## Pumper_Sue (Nov 26, 2011)

lucy123 said:


> Now for the next question.
> 
> If you are given power of attorney - does that make you totally responsible for somebodies finances. i.e If my mum was to go and take out loans I didn't know about, would I be responsible for paying them back. Also would I be responsible for any of my mums debts should she pass away?
> 
> ...



Hi Lucy,
         I think you will find that having power of attorney means that no finacial dealings can take place unless they have your say so.
Obviously you can not do a thing until the lasting pa has been registered.
There's a helpline you can ring 0300456 0300 website is publicguardian.gov.uk


----------



## rhall92380 (Nov 26, 2011)

Hi Lucy,

There's a helpline you can ring 0300456 0300 website is publicguardian.gov.uk

You may need to consider that a Certificate Provider - to confirm your Mum understands the LPA and that she is not under any pressure to make it - is also needed. You may need to move fairly quickly. Further information is available on the OPG website.

Richard


----------



## Pumper_Sue (Nov 26, 2011)

rhall92380 said:


> Hi Lucy,
> 
> There's a helpline you can ring 0300456 0300 website is publicguardian.gov.uk
> 
> ...



Not to sure about this Richard but from what Lucy has said would her Mum be considered competent to sign anything? If she isn't will her medical team have to sign to say she is or isn't? I know when my parents did theirs we all had to go and sign the doccuments and have another person witness them as well as the solicitor.


----------



## Ellie Jones (Nov 26, 2011)

Lucy

Hold your fire about contacting an solicitor etc..

As it has been deemed by your mum mental health care team that she hasn't got the capacity to be responsible for her legal affairs, then a normal solicitor etc can not deal with this matter.. As it got to go through the courts of protection department.

What you need to do is contact her social worker (she should have one of these, if she hasn't phone social services or get her metal health team to arrange for one) the social worker will then make the application to the Courts Protection for the 'Power of Attorney' to be issued to you..  With the appropriate paper work from the your mums mental health team..

This won't cost you a penny

If anything happens to your mum the normal rules surrounding debts belong to an individuals estate still apply, you don't become responsible for any debts unless the come under the normal legalities of the estate..

Power of Attorney for my mum when she had Alzhiemers and required nursing care was legally arranged and given to my dad via my mum social worker..


----------



## Pumper_Sue (Nov 26, 2011)

Hi Lucy,
If your Mum is not able to understand the power of attorney forms then have a look here http://www.publicguardian.gov.uk/
and click on the link for  Information for Deputies appointed by the Court of Protection

Hope you manage to sort things out to help your Mum.


----------



## rhall92380 (Nov 26, 2011)

Ellie, thanks for the info!

Richard


----------

