Costs associated with EPA

[Grandaughter 1]

My Mum and Uncle have got EPA for my Grandad as he is now in a home. We had this drawn up through the solicitors and Nan thought it would fairer if both Grandad's children were registered.

They've both had letters saying that the cost will be £120 to register the EPA plus the solicitors fee of £250 for drawing all the papers up etc.

Does this mean that they have to pay this each so effectively it will cost £740???

We're also wondering if we really need to go through this expense as the only assets my Grandad has are cash in the bank, and it is all in joint acounts with my Nan.

[Skye]

They've both had letters saying that the cost will be £120 to register the EPA plus the solicitors fee of £250 for drawing all the papers up etc.

Does this mean that they have to pay this each so effectively it will cost £740???

Hi Granddaughter

I think this will be the total cost, so your Mum & uncle would pay £185 each.

The only value in your circumstances would be if anything happened to your Nan while your Grandad is still alive. Your Mum and uncle would then be able to look after their affairs. It would be particularly important if they own their own house, as your Mum and uncle would have to sell it.

I have EPA for my husband, but his eldest son is also named, just in case. It's a good safeguard.

[Michael E]

It is the work of about 10 minutes to fill in the forms for registration and the system is set up for ordinary people - without solicitors to to do all this work themselves.. It is very very easy and the help booklets and the very friendly help line is designed to let you do it yourself.

Your solicitor is close to wicked to require £250 for a few minutes work on forms designed for the layperson to complete. Ask him to give you the POA back and if you really think it is worth registering do it yourself. Call the help line - really nice people - I successfully registered Monique's a month ago. The people on the help line are wonderful. Cost of registration is £120.. No matter how many attorneys.

unless there is serious money involved or property to eventually be disposed of and you have joint accounts operating, there is probably not much point in registering - that's opinion and doubtless others will post what they think.


EPA registration forms from Guardianship website

[Grandaughter 1]

It was my Nan who insisted on using a solicitor as she get's worried about these things being done properly. I did say to the family about doing it ourselves but Nan was against it.

I think we have to pay the £250 regardless now as the paperwork etc has all been drawn up so I presume we'd have to pay for the time used. We just need to actually get the EPA registered I think.

It's just confusing whether we actually need to get it registered now but I suppose it's best to play safe.

[kindheart]

Dear Grandaughter,

The solicitor and court costs are not paid by the attorney's ie your mum and uncle but it is paid for from you nan's esate ie a cheque issued from you nan's account and signed by the attorney's.

does this help?

[Grandaughter 1]

The letter from the solicitor clearly states that my Mum and Uncle are responsible for paying the solicitors costs and the registering of the EPA. It states that payment will not be accepted from a 3rd party. My Nan thinks that's ridiculous so she is going to give my Mum and Uncle the cash to put in their accounts so they then can write a cheque!!!! What a pallava (sp)!!!

[Lucille]

Hi grandaughter 1

I've been on the brink of registering an EPA for ... mmmm about 12 months now! I downloaded the forms from the PGO website. The unregistered document has been used with banks and building socs with no problem and no cost to mum.

I am (she says) on the brink of registering it. I am going to apply for a waiver of fees as my mum has less than the assets needed for payment. Can't remember what it is off the top of my head but it's on the guidelines on the website. So, hopefully when I do pluck up the courage to do the deed, there won't be any cost to my mother.

Good luck with it, from Lucille the ditherer when it comes to registering the EPA!!

[Michael E]

The letter from the solicitor clearly states that my Mum and Uncle are responsible for paying the solicitors costs and the registering of the EPA. It states that payment will not be accepted from a 3rd party. My Nan thinks that's ridiculous so she is going to give my Mum and Uncle the cash to put in their accounts so they then can write a cheque!!!! What a pallava (sp)!!!

never forget that solicitors are just people running a small business. A business that creates nothing, constructs nothing and makes no contribution to making the world a better place... Not very valuable people. There are greedy solicitors, stupid solicitors, ignorant solicitors and a few who try to do their best for their clients but have to make a living...

Not sure if yours is stupid, greedy or just plain insensitive......

[Charlie]

This thread flags a lot of interesting issues.
What confuses me is that some people state that a non registered EPA can be used for informing banks etc so financial affairs can be dealt with? I thought an unregistered EPA could not be used for anything?

If that is the case at what point should a EPA be registered (in people opinion and experience)?

[Brucie]

I used Jan's unregistered EPA to open and close accounts for her, and to withdraw money for her.

Once her condition progressed so that there was no possibility of her understanding, well anything, really - that is when I registered the EPA.

Key point was I could not have sold the house last year without the EPA being registered, and a trustee appointed to look after her interests. As attorney, I was not allowed to do that.

[Jazzy]

If it's any help, I registered the EPOA as soon as it was obvious that my mother wasn't going to live at home again and I needed to sell the her home. She was also getting confused and is registered blind and profoundly deaf. I think it's always a combination of circumstances that make it the right moment to register.

Jazzy

[jenniferpa]

I think some of the confusion around this issue arises because, while there is a "standard form" epa, it is also possible to insert various restrictions within it. It is perfectly possible to have an EPA that comes into force immediately it has been signed by all parties, even though it hasn't yet been resigistered, while many will require the donor to have lost mental capacity before it comes into force. I think the SOP of solicitors is to draw up the latter, although my mother's solicitor did give us the option of drawing up the former. I would imagine that the former would be easier to use "unregistered" as there would be no issue about defining mental incapacity, and in fact would work more like an ordinary power of attorney.

Having said that, of course, it really comes down to the specific financial institution you are dealing with. One of the things I did on my recent trip was try to sort out banking and saving options for my mother. The most difficult thing, (and I haven't yet found a solution to it) is proving my mother's identity in order to open new accounts. Not all 89 year olds have a full current driving license or a current passport! The EPA site has a list of possible documents to do this, but I didn't have it with me at the time, and of course, they are suggestions - the banks do not have to accept them, although I would imagine that somewhere in the bowels of the organisations there is someone who can authorise this. I did find one company who specifically said they would not accept applications from attorneys: I am reasonable certain they are not allowed to do this, and I'm going to report them to the Disability Rights Commision - just to spread the joy around!

Jennifer

[Clive]

There are many times when an unregistered EPA can be useful. I showed mum’s to the bank as soon as we got it so that I could always talk to the bank about any financial problem. After a couple of years the bank let me change mums account to a third party mandate which meant that I could also sign the cheques. I also used it with British Gas when we had a problem with the bill and they would not talk to me because of the Data Protection Act. It also came in useful when mum’s sister died and mum was next of kin and the solicitor would not talk to me. But always, always, send a CERTIFIED copy by post. Never ever let the original out of your position. I have just registered the EPA after 6 years of unregistered use. Send it to be registered by the expensive registered post, not the “to be signed for” one. I managed to lose two certified copies in six years.