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Power of attorney top tips - how to grant control of your finances

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The One Show Team | 11:51 UK time, Thursday, 7 January 2010

Update 14th January 2010: Thanks for all your comments. Please see below for the updated blog.

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Dom Littlewood met One Show viewer Heather who had to battle to control the family finances after an accident left her husband in a coma for three years.

Despite having both written wills, they had never made power of attorney in case they became mentally incapacitated - meaning The Court of Protection took control of her husband's assets and she had to apply to access his bank accounts.

Why do you need power of attorney?

Everyone knows you should write a will to make sure your loved ones are provided for when you die, but what happens if you are left mentally unable to make decisions because of accident or illness?

With an ageing population it happens more than most people think - and if you haven't got power of attorney specifying who can look after your affairs you'll have to go through the Court of Protection. The court was set up to protect the assets of vulnerable people.

Recent changes in the law

In 2007, as a result of the 2005 Mental Capacity Act, the new Court of Protection replaced the former office of the Supreme Court with the same name and was given an extended jurisdiction.

According to The Ministry of Justice, these changes have resulted in a more personalised approach, giving most people who deal with the court greater flexibility over how money is spent, whilst still safeguarding vulnerable people.

However the court is still seeing high levels of complaints and in December the President of the Court of Protection Sir Mark Potter announced he was setting up an ad hoc committee to review the Court's rules once again.

How to grant control of your finances - lasting power of attorney

There's an easy way to avoid the Court of Protection, and that's to grant someone you trust lasting power of attorney, giving them the right to look after specific aspects of your financial affairs or health and welfare after you lose the capacity to do so.

  • You can get copies of the forms needed to complete either a Property and Affairs Lasting Power of Attorney covering money matters, or a Personal Welfare LPA covering medical matters, from the Office of the Public Guardian.
  • You can chose to appoint anyone you trust as long as they are over 18 and not bankrupt.
  • You need to fill in the forms and get it signed by all relevant parties (yourself, an independent third party called a certificate provider who verifies your capacity, and the person you're appointing power of attorney)
  • In addition you should list one or more people who you want notified of the application, if you list no one an additional certificate of capacity must be provided.
  • Registration costs £120 per form. Certain people, including those on means tested benefits and those earning less than a certain amount per year may be entitled to fee remissions, details of which can be found on the site of the Office of the Public Guardian.
  • The Lasting Power of Attorney must be registered before it can be used. This means that if you want to you can save it until a time when it's needed. However the advice is to get it registered as soon as you can firstly to avoid the long registration waiting period in emergencies, and secondly because if you've made mistakes and it's declared void it will be too late.
  • Prior to 2007 it was possible to make Enduring Power of Attorney. This was a simpler document but didn't include some of the important safeguards against fraud built into Lasting Power of Attorney. It is no longer possible to make an EPA but they are still valid if they were made prior to 2007.

Useful links

Have you been through the power of attorney process? Share your stories here.

Comments

  • 1. At 7:16pm on 11 Jan 2010, andrew wrote:

    My sisters got a power of attourney for my mother after my father had died & left evreything to me in his will & instructions that I was to look after my mother, my sisters didn't like this so got a power of attourney with my eldist sister the signatoury & they then threatened my with court unless I agreed to their terms over my fathers will, wich had I stood my grounds would of lost me & my mum most of the estate in legal fees, when I finally had enough of the stress & loss of sleep I got their solicitors cost breakdown I found that apart from the initial contact to sign the form the solicitor had been mainly dealing with my sisters one who had no legal entitlment. but it was too late by then I'd agreed to terms my mother had not been involved in & 1 of my sisters gets 30% of the fund when mother dies whilst the rest has to be split between grand & great grand children.

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  • 2. At 7:28pm on 11 Jan 2010, freyalina wrote:

    I agree these are important documents; however, I think part of the reason so few people have registered LPAs to date is a lot to do with cost. At £120 per form, and 2 types of form per person, that's £480 for a couple to register. My mother's been quoted approx £800 for her solicitor to deal with forms for just her. Not all of us have that amount of "spare" cash available to pay for these forms.

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  • 3. At 7:29pm on 11 Jan 2010, Triple_Clones wrote:

    Why should two married people pay another £120.00 per person - surely it should be covered by marriage law

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  • 4. At 7:30pm on 11 Jan 2010, MrsCOML wrote:

    The Office of the Public Guardian charge £200 for each P of A. It is proving to be an expensive bureaucratic nightmare to obtain this for my mother who is showing signs of dementia.

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  • 5. At 7:32pm on 11 Jan 2010, Stuart Holmes wrote:

    The rules changed sometime ago and my wife and I had written "Enduring Power of Attorney". We were told that, although we did not need to register before one of us lost the capacity to handle their affairs and did not pay any fee, that the Enduring Power would remain valid. Dom did not mention this: could he confirm that it is still valid?

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  • 6. At 7:35pm on 11 Jan 2010, Anne Morgan wrote:

    I have recently become the person with lasting power of attorney for an elderly lady friend. We did this through her solicitor who charged over £500 to formalise the document and register it. I was very surprised at the cost and would like to warn others if they go down the solicitor route.

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  • 7. At 7:37pm on 11 Jan 2010, winemog wrote:

    Sorry guys but you missed the point. We used to be able to do a PoA by signing a simple document and having it witnessed. Now we are expected top pay a 'lawyer' £120 in order to witness and log our document. Robbery. Why do the poor folk who need this have to pay the rich in order to get it? Even in the USA the 'land of paying for everything' it is a fraction of the price to register a PoA.

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  • 8. At 7:37pm on 11 Jan 2010, jeni wrote:

    When my husband was diagnosed with MS we looked into getting power of attorney but were told that the only place we could get this done would be through a lawyer and it would cost a fortune. Unfortunatley he now is so bad he can't sign any forms as he has severe tremours and is registered blind - so we are stuck!

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  • 9. At 7:38pm on 11 Jan 2010, claire wrote:

    this was something that we didn't know about, but you could have mentioned in the piece that it would cost £120 to register each form

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  • 10. At 7:45pm on 11 Jan 2010, winemog wrote:

    DL - with the greatest respect I think just by the comments you have had so far you need to revisit this topic and just why it costs so much to place a simple instruction. After all you can leave a will dictating what you want done with your estate with none of this cost and potentially with greater implications. This is a scandal. However there is a solution, merely backdate your PoA document and it will be valid!

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  • 11. At 7:47pm on 11 Jan 2010, Glyn Evans wrote:

    I contacted my solicitor to get information about Enduring Power of Attorney. I was told my solicitor would charge me £150 for the Health and Welfare LPA and a further £150 for Property and Finance affairs. On top of that I would have to register both forms at an additional cost to me of £150 and £120 a grand total of £570. In the past there was only one form and one registration fee. Is this another case of rip off britain. Why does it cost so much to register a form?

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  • 12. At 7:50pm on 11 Jan 2010, Peter Broome wrote:

    1. It's worth noting that the banks do their own thing in this regard and it's inconsistent. Having gone through their process with my parents, whilst they were still compos mentis, the banks (well, Lloyds actually) took no notice until we had registered the Enduring Power of Attorney. Even then they still send statements to my mother's care home, where they can be opened and read by anyone.

    2. Regarding the setting up of the PoA, the forms can be (should be) downloaded, printed filled in and witnessed whilst the subject is fully aware of what's going on. Only when they become incapable of managing their affairs need the forms be registered with the Court of Protection (incurring the registration fee, which could reasonably be taken from their finances, as it is for their benefit).

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  • 13. At 7:53pm on 11 Jan 2010, karen wrote:

    I am trying to get power of attorney for my mother with a solicitor, costing £800+. However, my GP who suggested this action and who was asked by the solicitor in September 2009 to act as Certificate Provider has now decided just before Christmas he is unable to complete the paper work with no reason given. I am trying to find an alternative provider but this will probably mean getting an appointment with another doctor, at what cost and how long is this going to take to arrange. In the meantime my mothers health has deteriorated rapidly. Any views would be welcome

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  • 14. At 7:55pm on 11 Jan 2010, Tony wrote:

    Whilst I agree with the comments and recommendation made on Today’s show in respect of Power Of Attorney and the need for this generally I cannot agree with the fact that this is advisable even if you have Joint Accounts. A joint account can be operated by either even in the event of death disability or being incapable to look after your affairs. Unless the account conditions do not allow it one party can opperate the same as normal. Is this not the case??

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  • 15. At 7:56pm on 11 Jan 2010, patsy keegan wrote:

    This is just another money making scheme by the Government. I did write to you about this before Christmas and glad to see that you put Dom on the case. As the person above says this is a lot of money and being a pensioner, this is a lot of money to find. If its not done, any assets I have would go to the Government and my family would have no say in the matter. Its all a 'rip off'. I thank you, as a programme, and think you need to bring this to the fore again sometime in the future.

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  • 16. At 8:02pm on 11 Jan 2010, Cathy Pye wrote:

    My 83 year old mother decided she wanted to nominiate me for power of attorney when she went into hospital last autumn. I thought this was such a good idea that I wanted to name my daughter to act on my behalf, too, in the event of my accident/illness. Indeed, I believe it should be mandatory for every adult to make a will AND appoint someone for enduring power of attorney.

    Mum and I contacted a local solicitor who quoted £1,400 for the basic work (each!) plus £150 per hour for any additional work!!!! We are both on Pension Credit and could not afford the fees!!!!

    Surely it is not beyond the Government to devise a cheap system for all people?

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  • 17. At 8:12pm on 11 Jan 2010, RealityCraig wrote:

    Power of Attorney and wills are for a reason. The main reason of both are that the persons wishes can be carried out by someone they trust either because they are no longer around or are not of sound mind or able body to carry out these wishes themselves. By not taking the steps to have either because of costs involved which are not that high( A will writer will probably charge less than a solicitor)the long term costs are far greater. I Think most people would agree that they would rather pay £120, £500, £1000 whatever that might be for the proper advice and service than risk the potential loss of 10's possibly 100's of thousands of pounds by not spending the money to have these things put in place. I Know if the situation arose that I stood to loose thousands of pounds I would be Kicking myself for not having spent a couple of hundred pounds to put the proper documents in place and have piece of mind.

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  • 18. At 8:28pm on 11 Jan 2010, marsman65 wrote:

    Are we right in assuming that the Enduring Power of Attorney that we had drawn up 10years or so ago are no longer valid? Perhaps Dom could comment or point us to where we can find the answer.
    As for the cost I agree with the other viewers that it is very expensive for a retired couple on a fixed income to afford. We need to lobby our MPs.

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  • 19. At 8:48pm on 11 Jan 2010, Danedweller wrote:

    RE18.

    Age concern recommended we arranged an Enduring Power of Attorney for my mother in 2007 because the law was about to change and it was going to be more expensive and difficult to arrange in the future. The solicitor did not say at that time that it would not be legal in the future when we went through the procedure so you may be alright.

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  • 20. At 9:17pm on 11 Jan 2010, Les Braybrook wrote:

    I recently enquired about a power of attorney also, for my mother who like a lot of ageing people is getting very forgetful. I understand there are 2 forms, One is health and welfare, the other being finance & property. My mother does not own her own property hence all we wanted was to be able to sign a few cheques and make decisions she would not be able to make herself. We were told it would be £1000 plus
    by our solicitor and that for just for one of the forms!!!
    Not only but also, If she wanted to give away what little she's has, she can't do that either, They have you always.

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  • 21. At 9:37pm on 11 Jan 2010, Oldcent wrote:

    Further to comments by various contributors on the costs involved in providing a Lasting Power of Attorney document, why on earth Dom can this not be included, at no extra cost, in the Last Will and Testament which we have been advised vehemently to make by persons like yourself.
    Certainly,from the large amount of interest shown,further investigation by you into this subject is warranted.
    I particularly agree with the comment No.14, made by Tony, in respect to Joint Accounts.
    Although my wife and myself made our Last Will and Testament documents through a solicitor, no mention of Lasting Power of Attorney was mentioned by that person, which makes me wonder, is ANYTHING today worth the paper it is written on!

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  • 22. At 9:47pm on 11 Jan 2010, Sue29 wrote:

    This is rather confusing information as i am power of attorney for my parents following my dads stroke last in 2008.Like most elderly dad did everything and mum had never written a cheque. In changing over account sto joint names a lady at the Allaince suggested i also take power of attorney to act on their behalf. Which i did with forms bought from WH Smith. All credit cards and Banks have accepted the form and i cam act ont heir behalf. Even having a card and Cheque vook indicating power of attorney . The costing does need clarifying as no mention was made onthe show as far as i recall. Is this another money spinner for solicitors etc

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  • 23. At 11:00pm on 11 Jan 2010, Andy Dixon wrote:

    Reading the comments below it has not always been the case that people were charged such a fee. When was this high fee introduced and why?
    Hearing tonight’s story about the lady whose husband was in a coma begs the question "what has happened to good sense" why can't good sense prevail where these sorts of rules are concerned. Anybody listening to the ladies account of events would surly agree that the right course of action by the authorities would be to grant here control of his finances. Do the authorities understand the trauma they cause.

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  • 24. At 11:07pm on 11 Jan 2010, Rob49 wrote:

    This is an important issue and well done One Show & Dom for it's coverage.The family is currently going through the LPA process (financial) with a solicitor for my wife's mother aged 89, who is fully capable at present. The quoted solicitor's cost is £402.50 incl. VAT (excludes the £120 registration fee). Within the correspondence, the £120 is apparently means tested and can be 'remitted' in one letter and 'it may be possible to claim an exemption fee dependent upon your current levels of income' in another.Don't know the outcome of this claim at present.

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  • 25. At 11:15pm on 11 Jan 2010, Nick wrote:

    I already have Enduring Power of Attorney documents in existance. Dom, please would you explain if it is necessary to change or update these documents to be "Lasting Powers" of Atorney and if so why.

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  • 26. At 05:46am on 12 Jan 2010, lizzie-lizzie wrote:

    Yes, I too would like to hear from Dom about the position regarding the "old" enduring power of attorney. I made one about 6 years ago and want to know if it is still valid? My sons each have a copy and the original is held by me for safe-keeping - it hasn't been registered with any court.

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  • 27. At 06:22am on 12 Jan 2010, dickief wrote:

    Surely this horrendous situation could be obviated by having a joint bank account ?? Or is that a gross over simplification ?

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  • 28. At 08:43am on 12 Jan 2010, Vic Parsons wrote:

    Thanks for a most valuable article. But; £120 for pressing a few computer keys? That is all a registration would involve these days. Heathers' case could have been sorted in a few common sense minutes. Maybe the solicitor who got hold of the case and stole £10k should be contemplating their nastiness from a prison cell.

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  • 29. At 09:36am on 12 Jan 2010, Karen16480 wrote:

    We totally agreed with Dom Littlewood's suggestion that LPA needs to be obtained before it is needed. My mother-in-law had never dealt with finances and after her husband's death was confused by all paperwork. We applied for an LPA by downloading the form from the Office of Public Guardian and although registration took a little while because the paperwork is thoroughly checked, were registered as attorneys over three months ago.
    Does Dom realise this is when the problems really begin? There is no consistency between institutions on how they recognise LPA. Whilst some acknowledged our registration within days and have been dealing directly with us since, others( notably the Abbey from which we had the most need for a quick response to eliminate distress) are still presenting us with further paperwork before they will accept our authority. It has even been requested that my mother-in-law sign more paperwork indicating her acceptance of the situation and this of course was the point of the LPA! It feels as if banks do not want to accept Power of Attorney at all. I notice other correspondents have encountered similar problems. Perhaps Dom would like to take up this challenge on our behalf? People who have a registered LPA need it to be recognised for what it is..... An official, well checked, document and in most instances, I am sure, it needs to recognised quickly.

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  • 30. At 10:07am on 12 Jan 2010, BarbaraMH wrote:

    I agree that the cost of making and registering LPAs is getting prohibitive. My brother and I had joint Enduring Power of Attorney for our aunt until she died 2 years ago and it made life so easy for all 3 of us. The cost was acceptable at around £80 for a simple form, but now that the system has changed to a Lasting Power of Attorney the cost has soared. I have two points to make: Why did the system have to change? It worked perfectly well for many years; and secondly, I was told, when I enquired about making a LPA for my 89-year-old mother-in-law, that if anyone had the old EPA then this would remain valid (until it ended when that person died). Mother-in-law decided that the £800+ that was quoted for a LPA was too much, and we can't make her do something she doesn't want to do, so we are just praying that she stays well! If it only costs £120 we would not hestiate to do it. Perhaps it does if you don't involve a solicitor!? Thank you Dom for highlighting this but sorry that you didn't have enough time to expand on it.

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  • 31. At 10:19am on 12 Jan 2010, Notters wrote:

    An old EPA is still valid. This is from the Office of the Public Guardian website

    http://www.publicguardian.gov.uk/arrangements/epa.htm

    "The Mental Capacity Act replaces Enduring Powers of Attorney (EPA) with a new and different type of power of attorney called a Lasting Power of Attorney (LPA). This means that you cannot make any changes to an existing EPA or make a new one.

    However if you have an unregistered EPA, it can still be used and your Attorney will still need to register it with the OPG if they have reason to believe you are, or are becoming, mentally incapable in the future.

    You can also make an LPA to run alongside an EPA if you wish. For example you may have an existing EPA that makes provision for decisions about your property and affairs, and decide to make a Personal Welfare LPA to run alongside that, to provide for decisions concerning your healthcare and welfare. "

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  • 32. At 10:53am on 12 Jan 2010, malcolm wrote:

    Like many other comments, I'm confused as to what happened with "enduring" power of Attorneys. I paid £10 for a pack from W H Smiths a few years ago and took out an enduring power of attorney on my mother who was quite old as well as disabled and found it easier for herself to allow me to conduct her financial affairs. It is not registered with the court of protection as this only has to be done once the donor (my mother in this case) has become mentally incapable. The powers can still be used in the meantime however providing the donor, trustee and witness have signed. I have used, and still use, this form without problem with every financial institution from Banks and Building Societies to the Post Office, utility companies and so on. Is this cheap and easy system no longer officially Valid?

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  • 33. At 10:57am on 12 Jan 2010, fourniers wrote:

    LPA is an issue about which we had no previous knowledge or experience and thank you the One Show team for bringing this to us.

    Indeed, many of us do reluctantly think about and arrange for the 'inevitable' (other than taxation!), but what would happen to one's affairs if one becomes 'incapable' is an issue about which I am sure few of us have even thought, let alone have any knowledge.

    For us, Dom's topic has certainly prompted us to look into LPA and I am now going to fire off an e-mail to our usual solicitors for a quote for this to be done. As one subscriber mentioned, however, the costs do seem disproportionate, especially as they frequently incur more than one nominee, thus incurring multiple applications, registrations and, hence, costs. That said and dependent upon one's financial circumstances, it is probably more prudent to pay-up-and-shut-up now rather than enduring the trauma and much higher costs which will occur by doing nothing at all.

    Taking up the point about joint accounts, one must suppose that where joint accounts exist, that alleviates some of the problems for a couple. However, that does not mitigate against potential problems when eventually there may be just one survivor of a couple who may become 'incapable', or, indeed, those who find themselves to be 'single' for whatever other reason. Also, there are now significant numbers of people in relationships which have never been legally regularised and who should be especially giving attention to this very vital issue (as well as wills). Sadly, however, and at risk of being patronising, it will be those who are least equipped and can least afford to not plan for such events who are most likely to be caught in such traps as this topic is dealing with. Also, one must not forget that many couples, married or otherwise, choose to keep their individual financial affairs separate. That indeed poses particular problems.

    Expanding the 'joint' ownership a bit further, one may presume that for ordinary bank accounts, being 'joint' does relieve that problem. However for other assets, such as PEP's, ISA's, Bonds, etc, these are commonly in one name only and substantial funds could be literally bound up and inaccessible. Also, one must not overlook fixed assets, the most substantial of which will usually be the house. The running costs, or even physical size, of a family home could become no longer tolerable if one's partner becomes 'incapable', particularly if that partner has been the the main financial provider. If a house is in joint names, presumably both signatures are needed to approve disposal of that property, so that, indeed, may not be readily possible if one partner becomes 'incapable'. Then there may be a car which is too big and too expensive to keep. In which name is that registered and would the 'competent' partner have a right of disposal for that asset? One could go on.

    This is a complex and big topic and one must suppose the first thing to do is list one's assets and ownership thereof so that one has a complete and current picture of one's affairs. Thereafter, perhaps one should look into how potential difficulties may be mitigated, such as cashing in ISA's, etc and reinvesting in more accessible joint investment facilities. Clearly, it is not a simple issue and each family will have different needs, but addressing it is yet another thing one should not be pushing to one side. As for calls for the One Show to expand more on this issue, I am sure that can be done to some extent. However, one must not forget the show is not a 'free' firm of solicitors and its function is that of merely drawing such issues to our attention. It is then up to us to act upon that information as we see fit. Indeed, rather than being critical of the show providing insufficient detail, we should be congratulating its team for drawing our attention to so many different and pertinent issues.

    Finally, and a risk of being rather political, regarding costs for setting up LPA's, they may seem excessive but there is not really owt for nowt in this world. Also, we must not forget how we are now totally regulated by lawyers, accountants and bankers, in government and commercial life alike. And we all know how they have feathered their nests over recent years, especially our august senior politicians who permanently keep one eye on a plethora of City jobs and consultancy fees for when they will inevitably be ousted from office!

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  • 34. At 11:06am on 12 Jan 2010, Charles Church wrote:

    At £480 for two elderly pensioners the cost is ridiculously high - a money minting solicitor will charge twice that - is this a genuine offer of help to people in need or is it just another stealth tax or meant only for the rich?

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  • 35. At 11:50am on 12 Jan 2010, Killisport wrote:

    Dom has opened a right can of worms! But of course he didn't really have time to explain all. I watched the programme on catch up tv, and have read all the above blogs. Thanks to all contributors especially Founiers. I too thought that we have a joint account, have made a will, so all is ok. I forgot about the ISAs etc that are in our our individual names. So a lot to think about and eldest son to consult!
    As for the cost, I agree with most, it is outrageous to charge £120 a time. For what? A token registration fee of a £1 would be sufficient. Just another stealth tax.

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  • 36. At 12:13pm on 12 Jan 2010, Karen16480 wrote:

    Using a solicitor is NOT necessary to obtain an LPA. The forms from the Office of Public Guardian are not complicated and notes are provided with every section that has to be completed. There is very little 'jargon'. If you follow the directions and check carefully that every box is either completed or crossed- out then the cost is for the registration with the Office of Public Guardian at £120. We spoke to the office on the phone several times when we had small queries and they were always polite and helpful, never suggesting we were inadequate or should use qualified legal help. There is no information required which only a solicitor could provide and I would therefore recommend that people try for themselves first.
    As a footnote I should say that to the Office of Public Guardian the most important thing is that the three parts are completed in chronological date order so this does mean if an error occurs in Part A, Parts B and C also have to be repeated. My advice would be to ask someone who has not been involved with completing the form to check it so that delays can be avoided. However,any friend can do this. I hope this helps all those contributors who seem concerned by very high legal costs.

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  • 37. At 1:09pm on 12 Jan 2010, Richard Kinderman wrote:

    I has been interesting reading the comments and experiences of others. This issue came to a head recently with an elderly cousin of my parents who has nothing in place - and the difficulties this has presented. As A result my parents have been looking into it. The cost implications via a solicitor are immense. Dom's article yesterday captivated my attention and I have sice spoken to my parents who have requested that my brother and I look further into it on their behalf. There are some questions which Dom and the team or indeed others on this page might be able to answer for me?
    My first dilema is that I can't get onto the gov web site as 'the link is broken' not sure if any one else is having this problem, but I have tryed numerouse times with no success - Ummmmmmm!!!
    1. Where else can I get hold of these forms?
    2. Can there be more than one Power of Attorney?
    3. Do the forms need to be registered before the need arises? Or is it best practice to have it all in place now?
    Does it make any difference going through a solicitor of is this an unessessary additional waste of money?
    Thanks to Dom and the team for their interesting article, which must have needed a great deal of investigation and was very informative and helpful. However, would it be possible for you to address some of the issues raised and get back to us with impartial advice.
    Very best regards and thank you again

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  • 38. At 1:22pm on 12 Jan 2010, Jo Coupe wrote:

    Thank you for bringing this to everyone's attention, and I agree with many of the comments regarding the "fees" that again we are being ripped off. I have a joint account with my husband, and if it simplifies things in the event of either death or the inability to manage one's affairs we intend to make all our accounts joint accounts and to include our son. Lloyds have confirmed that there can be three names on a joint account and all they do in the event of one death is to take that name off the account. Simple. Of course this wouldn't be an ideal solution for all families. I'm sure if Dom took up the fight on behalf of the British public against the government's unrealistic fees he would have all the signatures he needed by return of post.

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  • 39. At 1:29pm on 12 Jan 2010, Kenyon wrote:

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  • 40. At 1:35pm on 12 Jan 2010, Kenyon wrote:

    Well done the One Show, once again. This made us think - especially as most of our money is in wife's name as the lower tax payer. The Public Guardian Website is full of information for those with access to internet and shows exemptions to fees for those on benefits and low incomes so worth investigating. We are going to try this without a solicitor.

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  • 41. At 1:55pm on 12 Jan 2010, HeretoHelp wrote:

    I am a specialist solicitor in this area and quite frankly i found the show sensationalist and the comments here misguided and unfair.

    With the greatest resepct to the presenter he, no doubt, has been given the information he presented by a researcher. I am gobsmacked at the suggestion that the costs of the subjects legal costs were £10,000 - this is a nonsense for a typical matter and clearly there were more issues than "Dom" cared to point out

    The old Enduring Power of Attorney (EPA) was open to abuse for the simple reason that family members did and have in the past used the unregistered document to access funds, clearly this situation could not be allowed to continue hence the introduction of the Lasting Power of Attorney (LPA)and the need for that document to be registered before it can be used.

    Unfortuately, the EPA was 4 pages and until recently the LPA was 25 pages long! A lot more information and responsibility is therefore put onto the shoulders of the solicitor who also will usually act as the certificate provider in the majority of cases.

    Solicitors provide a service, for which we need to be paid, do you expect to take your car to the garage and have it fixed for free!!

    Nowhere is there a requirement that LPA's need to be prepared by solciitors, however, many many people do not understand the terminology regarding appointing jointly and individually, replacement attorneys, restrictions etc etc

    We offer a vital service to ensure that LPA's are drafted properly and offer piece of mind - if you try to register an LPA which is incorrect you stand to loose your application fee! So thats £120 down the drain, if we make the mistake we pay the fee again not the client

    In respect of the fees, you have to pay to issue court proceedings so why should it be any different to register a document with the Court of Protection? Its not mandatory to have an LPA but its certainly better to have the insurance of one rather than have to apply to the court to be appointed a deputy after the event.

    Perhaps when presenting these issues (which I agree deserve to be aired) the BBC could actually try and speak to specialist organisations such as Solciitors for the Elderly. As a member of that organisation our goal is to ensure the older generation can have trust and faith in the service we provide.

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  • 42. At 3:46pm on 12 Jan 2010, Karen16480 wrote:

    I am afraid the solicitor who has commented seems to be equally as uninformed as he accuses the One Show researchers.
    All the terminology is explained in the notes provided by the Office of Public Guardian.
    The certificate provider can be any family friend of the person requiring LPA. ( You actually need two providers if you are not using a solicitor but most people have two friends. My mother-in-law used a married couple) The term 'certificate provider' sounds very intimidating but if you read the notes you simply find that these people are witnessing the fact that the person asking for help administering their finances is doing so because they want to and not because they are being made too. The attorneys should not be present when this Part of the form is signed and the certificate providers witness that fact also. That is everything! Do you really need a solicitor to explain that? Of course if you use one, they would expect payment at their regular rate but I suspect the government has made it possible to register Power of Attorney
    without needing one in most, normal situations because this does mean costs can be kept to a minimum. As for his comment about' loosing your money if you make a mistake' ..... this is simply untrue. On our first application the certificate provider did unfortunately forget to tick a box to say he was over 18 and we had to repeat Parts B and C but the required forms were sent to us, and the fee held over until we had sent in the corrected forms when everything was registered.
    If you are interested in getting LPA as a result of the programme, please do get someone to get the information for you, read it carefully and don't worry about getting legal advice until you are absolutely certain in your case, it is necessary. I suspect if we can do it( registration autumn 2009)most people will be able to do so also.

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  • 43. At 4:30pm on 12 Jan 2010, HeretoHelp wrote:

    Karen

    I did not suggest that anyone other than a solicitor could be a certificate provider.

    Additonally, failure to tick a box is hardly a mistake. I have frequently seen LPA's where people have appointed replacement attorneys in error, misunderstood the restrictions placed on attorneys or appointing two attorneys to act together then giving guidance that allows them to make seperate decisions and the classic attorneys acting as witnesses

    As I say you DO NOT need a solicitor and can happily create and register your own LPA, some people however do struggle with the forms and are not fortunate to have family like you to rely upon

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  • 44. At 4:50pm on 12 Jan 2010, aud wrote:

    I signed an enduring power of atorney but when I changed my solicitor and renewed my will was told I needed to complete a lasting power of atorney. My solicitor is my executor as I have no one else to take care of things. We went through the process of writing up this document but it was so complicated, the solicitor told me it would amount to about two hours of work and would be very costly - approx around £700.
    I could not fully understand the document and it would have meant involving someone else apart from the solicitor. I have no one close I could look to for help so I have left it hoping this I will stay sound of mind if not body. Don made it all sound so simple.
    But it's not.

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  • 45. At 4:52pm on 12 Jan 2010, mizzle wrote:

    Winemog - sounds like you know what you're talking about here; would you mind elaborating a bit more on what you wrote re backdating ones LPA, please?
    Many thanks
    Mizzle

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  • 46. At 7:32pm on 12 Jan 2010, p crane wrote:

    This comment was removed because the moderators found it broke the House Rules.

  • 47. At 7:50pm on 12 Jan 2010, lynne Goldie wrote:

    Dom we looked into this power of attorney, thinking that you said it was easy, not realising that we had to pay a lot,I think you could have just mentioned the fact, all that this has done is made us worry about something else as we get older and the fact that we cant afford to prevent problems, I think I was better off not knowing about it.

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  • 48. At 8:49pm on 12 Jan 2010, daveevans wrote:

    I watched the item on the one show regarding the lasting power of attorney & have read the articles in the daily mail.
    To make a will is relatively simple & simple advice & forms can be purchased from high street stationers. They only need to be witnessed.
    The proceedure from the office of the public guardian require -
    an attorney,a replacement attorney, people to be "told" & certificate providers. A final will & testament can be written on 1 sheet of A4
    Why does this power of attorney need to be so complicated? I suppose it all makes work for the bureaucrats to do- & to charge for!
    I am neither a lawyer nor a solicitor but I do have some legal qualifications-If I find it complicated then heaven help some other people.
    I wish you, Dom, good luck in trying to bring this matter to the attention of those that can alter the present ludicrous situation.
    But using an old BBC saying - what a nice little earner.
    PS I tried 5 times to ring the Office of the public guardian- & all I got was music!!!

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  • 49. At 8:50pm on 12 Jan 2010, Heather Williams wrote:

    My Dad has been ill for nearly 8 years and is now in a residential care home, and I unfortunately had to make that decision as he needs 24 hour care - this was traumatic in itself. I am able to deal with all his finances as we wrote letters to all his Bank Accounts and he signed them giving me permission to deal on his behalf - also all the utilities. We will soon have to sell his house to pay for his care. Why, therefore, can he not give me permission to deal with everything on his behalf by a signed letter, as he is of sound mind. He has to pay £2500 every 28 days to pay for his care in the care home as he has some savings, once that has gone, which will be very soon, he will have to sell his house to pay for his care so why should he pay an additional cost for somebody to give me permission to sell his house when he only wants me to deal with everything for him anyway!!! It is bad enough that he is 80 years old this year, feeling unwell everyday, he has worked all his life and gets nothing towards his care when somebody else would get it all for free.

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  • 50. At 10:49am on 13 Jan 2010, PWPS wrote:

    This comment was removed because the moderators found it broke the House Rules.

  • 51. At 11:00am on 13 Jan 2010, william111 wrote:

    A number of years age, my wife and I made our wills using a will writting agency, and were recommended to each make an EPA. This we did, is this no longer of value? Do we need to make a IPA now at further cost to us. I am emailing the agency for their thoughts.

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  • 52. At 12:14pm on 13 Jan 2010, notelderly wrote:

    Please see the British Bankers Association website for information on joint accounts. If one joint account holder loses mental capacity the Bank is obliged to freeze the whole account UNTIL they receive either a valid EPA, registered LPA or an order of the Court of Protection. I am a bit concerned about Winnemogs comments as backdating a document would be fraud!

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  • 53. At 12:16pm on 13 Jan 2010, notelderly wrote:

    Oh meant to say - if people have made a valid Enduring Power of Attorney prior to 1st October 2007 it remains valid.

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  • 54. At 12:49pm on 13 Jan 2010, Connie Pearce wrote:

    I agree with Tony, (comment no.14) - surely a joint account means that either party has full access to the funds under all circumstances. I did not understand Dom's comment regarding this matter and if anyone can clarify, I would find it useful.

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  • 55. At 1:34pm on 13 Jan 2010, notelderly wrote:

    Sorry Connie I dont feel that Tony is right on this point - it is clarified on the British Bankers Association website www.bba.org.uk in the leaflet 'You and Your Joint Account' see page 6 on loss of mental capacity of one of the joint account holders.

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  • 56. At 4:39pm on 13 Jan 2010, Amanda Jones wrote:

    The subject of LPAs seems to keep popping up in the news at the moment, Monday's show was very informative and also quite alarming. I work for a law firm and so I asked the head of our private client department for a bit more information - from that I wrote a blog for the firm. Edward was also invited along to speak on BBC Radio Shropshire this morning to talk about LPAs. If you are interested in my Q&A with Edward, take a look at this link: http://bit.ly/77QI3N

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  • 57. At 7:53pm on 13 Jan 2010, Yuping wrote:

    All that so many of the comments posted demonstrate is that most of you could do with a solicitor to advise you on LPAs!

    Why would you want to risk getting such an important document wrong just so that you can save hundreds when you could risk having to spend thousands of pounds applying to the court for a deputy (which is the alternative route if you leave it too late.)

    Most people are happy to pay an estate agents thousands of pounds in commission to do what is a relatively unskilled job but begrudge a solicitor their fees when it would have taken them 6 years of intensive studying to get their qualifications. On top of that you are putting in place a document that has far reaching implications.

    Can I suggest that those of you needing to put LPAs in place shop around by calling for quotes from several law firms. Try calling law firms in the next town even as the prices can vary. We know for a matter of fact you can pay £250 for an LPA in some parts of Essex but the same document in Surrey start at £900.

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  • 58. At 8:17pm on 13 Jan 2010, John Carrington wrote:

    Why can't we just fill the forms in and lodge them in a bank safe box or something similar. This is just another tax. We are being conned again. I don't doubt that it's a good idea but why the excessive cost ?

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  • 59. At 10:00pm on 13 Jan 2010, Wells Legal Solicitors wrote:

    We have a significant elderly demographic in our locality and have found ways to drive down the prices of LPAs. First and foremost - there is a way to reduce court fees. Few of our clients pay the full fee. Secondly, as a firm, we have heavily discounted our own fees because we regard these documents as so important.

    That said, professionals with an understanding of how powers of attorney relate to care, care fees, Wills, banking, inheritance, contracts, rights, responsibilities and duties, post-execution issues, resolution of difficulties and so on, not unreasonably expect to be paid for that service. Shop around - not every lawyer insists on being paid £500 to £900 for these things.

    Or then again, just sit there and whine and take the risk.

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  • 60. At 4:24pm on 14 Jan 2010, Helper wrote:

    I work with these documents all the time and apply for LPAs for clients and it is important to note that you can apply for a fee exemption or remission in registration costs.
    You can be exempt from registration costs if you are in receipt of one or more of
    the benefits listed below;
    • Income Support
    • Income-based Job-Seeker’s
    Allowance
    • Income-based Employment and
    Support Allowance
    • State Pension Guarantee Credit
    element of pension credit
    • A combination of Working Tax Credit
    and either Child Tax Credit, Disability
    Element or Severe Disability Element
    • Housing/Council Tax benefit (not the
    25% single occupancy reduction)

    Or Alternatively if your gross annual income is one of the below you are eligible for the remission amount beside it

    Up to £12,000 100% remission - no fee to pay
    £12,001 to £13,500 75% remission - you need to enclose 25% of fee
    £13,501 to £15,000 50% remission - you need to enclose 50% of fee
    £15,001 to £16,500 25% remission - you need to enclose 75% of fee
    Over £16,500 You are not entitled to a fee remission.

    To apply for a fee remission or exemption you will need to fill out a simple form OPG506A downloadable from the OPG website and supply supporting evidence like P60, 3 recent consequetive bank statements or copy of wage slips....hope this helps!

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  • 61. At 4:32pm on 14 Jan 2010, Helper wrote:

    I wouldn't say i'm a world class expert but I do work with these documents daily and i'm happy to answer any questions if you want

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  • 62. At 5:15pm on 14 Jan 2010, Helper wrote:

    FAO: Richard Kinderman

    1. Where else can I get hold of these forms? http://www.publicguardian.gov.uk/ they are free, just need the internet and a printer

    2. Can there be more than one Power of Attorney?
    There are two types;
    Property and Financial Affairs - giving attorney(s) power to handle your property, business and finances
    Health and Welfare - giving attorney(s) the power to make medical and welfare decisions including life sustaining treatment

    3. Do the forms need to be registered before the need arises? Or is it best practice to have it all in place now?

    All LPAs have to be registered with the OPG before they can be actioned. Provided you do not place a restriction in the documents preventing the documents being registered until you are physically or mentally incapable the P&FA can be registered at any point. You just keep hold of it until its needed at which point the attorneys will have to show the registered doc to the relevant financial institutions. Registration process is 6-8 weeks officially but I have experienced delays of three + months so you have to bear this in mind.

    Does it make any difference going through a solicitor of is this an unessessary additional waste of money?

    You do not have to use a solicitor. You can download the forms and ring the OPG for guidance filling them out, there are also downloadable booklets. However it can be a bit overwhelming, Solicitors and even some local Will Writers offer LPAs as a service. The important issue is you need a Certificate Provider (some circumstances require two Cert Providers) to certify that at the time of creating the document the person creating the LPA has the required mental capacity. A certificate provider can be someone with the relevant professional skills, a person who has known you for over two years who isn't listed as an attorney or person to be notified or your GP, medical consultant etc. For people who are particularly ill or who are in the early stages of a debilitating illness(i.e Alziemers) it is highly recommended to get a medical professional to act as a Cert Provider. This can combat any future objections that the person was mentally incapable at the time of making the LPA.

    Hope this helps

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  • 63. At 6:47pm on 14 Jan 2010, RoySimone wrote:

    1. The feature by Dom was very helpful in pointing out an important financial consideration for in particular,(a) married couples with assets (perhaps in single names to comply with the UK F.S.A. savings guarentees of £50,000 per person (or £100,000 per jt. a/c).( Their finances may also be in separate a/cs because of their different tax situation) and (b) children of elderly parents,one or both of whom may already be suffering from say early stages of say dementia.Without a'Lasting Power of attorney'given to their child or children, the parents may have substantial assets(in their property and/or savings),but without an L.P.A., all of this could be inacessible until the sad death of both parents (and then the application of their will), and yet the children would have to pay the full cost of their parent(s)nursing home fees from their own funds, for the rest of their parents lives.
    This invites a further question... if both parents are incapable of looking after their affairs, and no L.P.A. exists, how can Social Services means test them as regards nursing home costs or home help? They would have no idea of their savings, but could of course find out the property ownership situation from land registry. Perhaps it would be advantageous for the children to get an L.P.A. anyway and to get their parent's property signed over to them whilst their parents are still 'compus mentis'' and sign a legal agreement with their parents 'to fully look after them for the rest of their lives',or better still put the full amount of money into a trust for their upkeep. When these funds run out, the state would have to carry any further cost.
    2.I agree with most other contributors that a follow up program would be very helpful, but everybodys situation is different,and we will shop around for a solicitor to perform our joint L.P.A.The instruction form which comes with the L.P.A. is 43 pages long,and we will be much happier to pay a few hundred pounds to ensure it is performed properly. I agree that the £120 fee per person is extortionant, and would suggest we write on mass to our MPs. This will give them something to think about other than their expenses.

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  • 64. At 1:55pm on 15 Jan 2010, Sarah Simmonds wrote:

    Talk about thinking the worst, I was keen to find out what I could yesterday as who knows what might happen out & about in the current weather conditions, try as you might to keep safe. I rang my solicitor to ask how much it would cost only to be told £1300 for my husband & I to have only the financial LPA's completed. We are probably looking at the same sort of money to complete the Health & Welfare forms as well. We both work but cannot afford that sort of money so will have to try & complete the forms ourselves. Here's hoping!!
    Does anyone know how long the forms take to be registered please?

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  • 65. At 5:01pm on 15 Jan 2010, notelderly wrote:

    Hi Sarah. I am absolutely amazed at the costs you have been quoted I am a specialist solicitor and 9 times out of 10 see my clients in their own homes at no extra charge. My charges are nowhere near as high as this!! I am finding that the registration process varies but is taking on average approximately two months.

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  • 66. At 11:36pm on 15 Jan 2010, teapots wrote:

    Had a little read of the comments. Why is everyone asking if their Enduring Power of Attorney is valid. DOM has clearly covered this in his advice. YES IF YOU MADE IF BEFORE 2007.
    Why is everyone using this to bash lawyers? No where does it say you need a lawyer, there is clear guidance, yes I agree lengthy, but clear guidance. If you cannot understand the guidance the Public Guardianship office offers assistance.

    I agree the fee charged to register is high at £120.00 (not forgetting fees if attorneys no longer wish to act amongst other fees) etc, but everyone is forgetting the changes are to safeguard the elderly.

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  • 67. At 1:15pm on 16 Jan 2010, RoySimone wrote:

    Important.. although 'Enduring Powers of Attorney', i.e. those made before the new act came into force after Oct 2007, are still valid,it does not allow the'attorney(s)' to fully and clearly make legally binding decisions about 'health and welfare'. This was one of the reasons why the act was changed.
    The 'Health & Welfare L.P.A'lets the 'attorney(s)' make decisions about for example:
    1.giving or refusing consent to particular types of health care,including mdical treatment decisions.(i.e. whether a life support system should be switched off)
    2.you staying in your own home, perhaps with help and support of Social services
    3.you moving into residential housing and choosing the right care home for you.
    4.day-to-day issues,like your diet,dress, or daily routine.

    We are not solicitors, but all the info above was quoted verbatim from our solicitors, who have quoted us in writing, for both types of L.P.A.
    Also, if more than one 'Attorney' is appointed ,(which is possible and perhaps practical where say the 'Attorney(s)' are as elderly as the 'Donor'- it would also save on the cost of renewing any L.P.A. should say one of the 'Attorneys' die before the 'Donor'), the 'Donor' must state whether the 'Attorneys' are to act 'together'or 'together and independantly'- this legal jargon is presumably to prevent dispute between say 2 or more children acting as attorney(s) .This may well be a more satisfactory situation when say the 'Donor' is an elderly parent and wishes to give 'L.P.A.' to more than one of their children, (in the case of say one of the children dying before the parent('the Donor)
    As regards cost, we like many others above, were quoted a exorbitant fee from our solicitors, but they did post us(free of charge!!) their full leaflet, which fully explains all aspects of both type of L.P.A.
    The 'Property and Financial L.P.A. lets the Attorney(s) make decisions about ,for example;(and I quote verbatim from our solicitors leaflet);
    1.buying and selling your propert
    2.opening,closing and operatingbak/buildingsociety accounts
    3.claiming,receiving and using benefits, pensions and allowances
    4.buying and selling shares
    We are going to negotiate with our solicitors re. cost,and / or shop arround, perhaps via the 'Citizens Advice Bureau', or 'Help the Aged 'etc, in order to get the name of a local solicitor who will do this at a reasonable cost.We will happily pay a few hundred pounds to get this properly (and fully legally)done by a solicitor... the prospect of us doing d.i.y. L.P.As (for 'a property and financial' L.P.A, and a'health and welfare L.P.A.') for both of us(we are a married couple),is something we would not consider as sensible for such important documents.
    Well done to Dom,and his team,yet again...this is clearly an important topic for everyone of any age and circumstance to consider (there have been 60+ comments to his feature above to date!!)The topic is not totally straight forward - legal documents rarely are.

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  • 68. At 7:51pm on 16 Jan 2010, RoySimone wrote:

    One other potential problem with doing a d.i.y. L.P.A of either type is that the system is designed to protect vulnerable elderly people as well as someone struck down in their prime and perhaps in a coma (as in Dom's feature).With a d.i.y L.P.A., you could have a situation where a lone parent is suffering from early signs of dementia say. He or she may have 2 children who don't get on,and the parent may really wish one of them to look after his affairs during his or her incapacity. The other child could simply download the 12 pages of L.P.A.,complete it properly (since the guidelines are not too difficult),get someone to witness the 'Donors' (i.e.elderly parent's) signiature and then sign themselves in as 'Attorney',and then register the L.P.A., giving him or her total rights of management of their parent's future financial affairs over the other child.
    The 'Donors' bank a/cs,shares, even house etc could be transfered or sold,by the time the other child realised what was happening, preempting whatever was in the donor's will.
    The L.P.A. could be challenged by the other child, but it may be too late by then.
    I am not a solicitor, but can anyone in the legal profession dispute the above scenario?? One piece of free advise would be helpful to the 60 + people who have so far responded to Dom's feature!!
    More than one person can be appointed as an 'Attorney' as long as they are directed by the 'Donor' (when the L.P.A. is set up),to act'together' or 'together and independently'- legalise to prevent conflict, I believe.If your affairs are particularly complex,you might chose to include a professional,such as a solicitor, as one of the 'Attorneys'. This is verbatim from our solicitor's letter to quote for our business in this matter.
    I intend to do L.P.A.s for myself and my wife with a reasonably priced solicitor, and get the solicitor to act as witness to both of our L.P.As so that they stand up to full legal scutiny.
    Hope this info helps. Good luck!

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  • 69. At 12:02pm on 18 Jan 2010, Maureen Walker wrote:

    I agree with all the comments made -when I visited my soliciter she gave me some information which -if I had continued with filling in the forms would have cost over £500 .This is much too expensive for the average person and I don't think Dom. made this clear on the show .

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  • 70. At 6:48pm on 18 Jan 2010, Susan wrote:

    At the time I thought the comments on the show were highly misleading (to the effect that all you need to do is download the forms)The forms are complex, and without specialist knowledge it is very easy to make errors. For example a lot of people appoint only their spouse as attorney.If that spouse dies first the LPA fails ! Lots of people don't know that if they appoint 2 attorneys jointly and one dies or refuses to act , the other attorney cannot act. I am a Wills and trusts specialist. I am now picking up the pieces with clients who have filled in forms incorrectly and have already sent them up to the Public Guardianship Office with the £ 120 per form for registration. As their initial forms are incorrect they will loose this money! legal advice on your programme should be given by a lawyer who will appreciate the complexities and warn people that they would be best off with specialist advice.

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  • 71. At 03:20am on 19 Jan 2010, KipJames wrote:

    The programme prompted my daughter and I to go ahead and get the forms for Lasting Power of Attorney, both for my mother and myself,so thank you. I am wondering,however, if we should appoint both myself and my daughter for my mother in case anything happens to me.Would my daughter be unable to act if I died first?
    For those people,for example in comment 16,with insufficient funds it may be of interest to know that my mother's bank (Barclays) has provided a 'Third Party Authority' form which I and my mother signed, and I am now able to access my mothers bank account for her. This cost nothing. I also have her written authority to cash premium bonds for her if necessary; and plan to open a joint post office account. This is because my mother is finding the paperwork and procedures difficult.I am not absolutely sure if these arrangements still hold in the event of dementia, though.

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  • 72. At 1:30pm on 27 Jan 2010, Sandra Pearson wrote:

    I have downloaded the not inconsiderable bundle of forms and printed them off for my parents. We too were horrified by the potential cost of the fees. There isn't much about it on the Office Of the Public Guardian website. However I gave them a call and buried in the Guidance notes is a section on fee remissions. Anyone with an income of less than £12k pa does not have to pay a fee. Now I am not sure if this means that you pay it and claim it back or just don't have to pay it. There is also a sliding scale of remissions after £12k. I doubt most pensioners will have an income beyond this sum. You don't need to go to a solicitor, although they look daunting you can fill them in yourselves.

    You can also have an arrangement with your bank. Friends of ours were too late to set up a Power of Attorney with his mother when senility set in but they set up him as an additional person on her account, he has since passed away but it has been a simple process to change this to the daughter-in-law, who now handles the account.

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  • 73. At 3:01pm on 29 Jan 2010, Amanda Jones wrote:

    Thanks for updating the blog - this has been a popular one! We have seen comments suggesting there is no need for an LPA if you "set up a mandate or direct authority with the bank" Edward Rees - head of our private client team asks the question "would that mandate or direct authority survive if you were to lose capacity - which is one of the main points for doing an LPA?" His view is that "such an authority would/should not survive incapacity. So, in other words, it is better to have flexibility and have an LPA in place." Edward answered some of my questions on LPA's earlier this month - if you are interested to find out more, take a look at this link: http://bit.ly/77QI3N

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  • 74. At 6:16pm on 03 Feb 2010, Rinil Rolence wrote:

    I have a question regarding issuing Power of attorney in England made of Indian Non Judicial paper for use in India by British Citizen notarized by British Notary.

    as per British civil law, in Power of Attorney ,

    1. The executors signature is enough at last page only or
    2. The executor has to put signature in every page? (when there are more than 2 pages?)
    3. The Notary's signature and seal is necessary in each page or
    4. Only at last page? Executor's photograph is necessary?

    Kindly do give me an answer.

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  • 75. At 05:25am on 07 Feb 2010, cherylln wrote:

    I'm in the process of completing the POA forms for my elderly mother. They're not at all user friendly but I'm determined not to employ the services of a solicitor, which would make the whole process even more expensive than the £120 registration fee, which is an appalling price to have to pay without any other fees.
    I've noticed a few comments on here about joint accounts, I was advised against this, as my mothers account balance would be taken into consideration for my tax purposes, as if it were my account. One way to get round this is to be an additional cardholder on the relatives credit card account, which is then paid through the relatives bank with a monthly direct debit from their current account. The card can then be used to purchase groceries, clothes, toiletries, etc on behalf of the account holder, and some utility bills can also be paid with a credit card.

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  • 76. At 11:05am on 12 Mar 2010, vincent tully wrote:

    I downloaded the forms, filled in the relavent details , then telephoned Public Guardian's Customer Contact Centre
    They advised that payment can be made anytime as long as the forms have been completed correctly, this means as i understand it.
    commplete the forms get them witnesed , payment can be defered until the time comes when your family need POA, control is handed to TPOA witin 50 days?

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