Hello
I was advised by the hospital to fill out the paperwork online at the gov website. However recently when talking to a solicitor they said this was pointless, usually done incorrectly and sometimes does not hold up legally when needed to be used! They advised that you must use a solicitor, is this true?
Can anyone advise on this?
Hi you may find differing views on here but no I did not use a solicitor, I have POA for my dad both finance and health and welfare. I downloaded the forms from the gov website, printed them off and dads neighbours acted as witness and certificate provider over a cup of tea. I sent the forms off with the appropriate cheques required signed by dad and a few weeks later received the certificates granting me POA I have not used them yet and hope not to but they are what they are, POA for my dad. It is not difficult.
When I first looked at the forms I thought 'Oh my god there is too much here to deal with' but if you remove the pages that don't need signing or reading and they are considerable (use some coloured paperclips here) you are left with a few very manageable pages. Get them signed and then put the other papers back with them after and it is done with, other than writing out the cheques.
As long as the PWD has the capacity to understand what they are signing then this is an acceptable way of doing it. If they don't have capacity then it is not.
Deciding capacity is a contentious subject. Also if the forms are filled out incorrectly then you will not be granted POA until the forms are rectified. I had no problems with my dads forms as they were filled out correctly. Just take your time to read and understand the forms and which parts need filling in and which don't. I think we were left with 4 or 5 pages that actually needed filling in.
Anyone can be a certificate provider as long as they have known the doner PWD for a certain amount of time, a friend or neighbour is ideal and the witness only has to witness the signing, they do not have to have any other connection.
As far as I can see as long as the person has capacity then solicitors are not required. If they do not have capacity then it is not possible to get POA
Of course if you would prefer to use a solicitor you can but it is not a requirement.