POA
- Thread starter Spiro
- Start date
Most likely , yes.
Remember that solicitors can charge for their service.
You will be appointing a person not a firm, so chose a healthy young solicitor.
The only reason I can see for this action is an appointment as a replacement attorney if only one main attorney can be found.
Have you asked them why?
One reason may be that whereas P&F LPAs rarely lead to protracted court cases H&W can become very contentious when decisions regarding the donor's capacity to make a decision are involved. The solicitor may wish not to get involved in a protracted legal argument, remember they not only have a duty but are allowed to charge for their time and sufficient funds may not be available.
Isn't there anyone else you could choose? Solicitors are business people whose aim it is to make money. They are not emotionally connected to the donor so while you could get a good egg, you could also get someone who doesn't care much and is only interested in writing invoices for every little thing they do. Plus if they don't want to do health & welfare, who are you going to choose for that?
You would have to discuss this with your chosen solicitor, remember that as a replacement they may never have any work to do.
I thought you had a lay person to act a attorney, why appoint two solicitors as replacements?
I have been asked to act as an attorney, but currently there are two solicitors acting as attorneys - so the current LPA needs to be revoked. The donor still has capacity. Recently, the donor was visited by one of the current attorneys and discouraged from upsetting the status quo - in their best interests of course.
I have found another solicitor who is prepared to act for the donor, but they warned that the current attorneys could be difficult if there is a financial interest. Recently one of the solicitors contacted the donors GP re the donor's mental capacity. They have been told that the donor has dementia - this is untrue at the time of writing.
I feel like giving up right now.
I have found another solicitor who is prepared to act for the donor, but they warned that the current attorneys could be difficult if there is a financial interest. Recently one of the solicitors contacted the donors GP re the donor's mental capacity. They have been told that the donor has dementia - this is untrue at the time of writing.
I feel like giving up right now.
If the person has capacity they can revoke the current LPAs and make new ones, it sounds as if there might be problems in establishing their capacity.
Why are you becoming involved and searching for a new solicitor.
As you have been asked, presumably by the donor , if you are prepared to be an attorney it would be better if your only further involvement is to sign the LPA as an attorney.
Why are you becoming involved and searching for a new solicitor.
As you have been asked, presumably by the donor , if you are prepared to be an attorney it would be better if your only further involvement is to sign the LPA as an attorney.
They have capacity - I arranged for them to be assessed - I'm paying. A few years ago their solicitor suggested the POA's and they thought it was a good idea - not realising that you don't need to be a solicitor to act as an attorney! They now wish to use a solicitor who is a member of SFE (didn't realise they existed until I told them).
When I enquired about POA fees for Mum, the firm which the current attorneys work for were charging three times as much. This was about 10 years ago.
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They both have the same rights. You can either have both acting jointly and severally which means they can both act without consulting the other, or both acting jointly, which means they always have to take each decision together. There is no inbetween.
