I really need to set up LPA for my OH, I should have done it by now as his vasculer dementia has got a lot worse the last 6 months and one of the things is his writing is getting scrawly and so will find it difficult to sign his name soon. But I dont know where to start, it all seems so difficult and complicated AND very expensive, is there an easy way does anyone know please.
Complicated LPA
- Thread starter pevensey
- Start date
You can do it online or with a Solicitor who will do all the work for you. The price has come down and if you are receiving certain benefits it can be even cheaper. I preferred the Solicitor route and then was absolutely sure everything was done properly.
It's not all that complicated actually. The form has been streamlined since I had to use it five years back, and it's quite clear and comes with plenty of guidance notes.
It's aIso not expensive at all, unless you employ a solicitor, which is not a legal requirement. The cost for registering an LPA with the OPG are a mere £82, and you can reimburse yourself that money from the donor.
If you don't feel up to filling it in yourself, organisations like the Alzheimer's Society, Age UK or the local carers centre can help you.
It's aIso not expensive at all, unless you employ a solicitor, which is not a legal requirement. The cost for registering an LPA with the OPG are a mere £82, and you can reimburse yourself that money from the donor.
If you don't feel up to filling it in yourself, organisations like the Alzheimer's Society, Age UK or the local carers centre can help you.
Please do get POA sorted. I couldnt get one for mum as she refused to sign, so I had to go through the Court of Protection, which is even more complicated and expensive. After that I swore I never wanted to go through that again and OH and I both have POA organised.
As Beate says, you can get help from places like Age UK to fill in the forms. Just take it logically and go for a basic, fairly simple POA. Do add another person (for example, children) in case something happens to you and make sure that you can all act jointly and severally. Dont place conditions such as you can only act once they have lost capacity as you can have the devil of a job proving that they have. Once it is done, send it off for registration straight away.
As Beate says, you can get help from places like Age UK to fill in the forms. Just take it logically and go for a basic, fairly simple POA. Do add another person (for example, children) in case something happens to you and make sure that you can all act jointly and severally. Dont place conditions such as you can only act once they have lost capacity as you can have the devil of a job proving that they have. Once it is done, send it off for registration straight away.
I'd use a solicitor for the reasons given by Banjomansmate, but as others have said you don't have to. Once it has been finalised you will need certified copies if you ever need to send it through the post, and the solicitor can provide these at the same time. Never let the original out of your sight.
Despite my mother's LPA not having this condition, I've nevertheless just had my first instance of 'we want you to prove she has lost capacity' (from an Over 50s insurance co - it's not as if it even matters, it has no potential to give me access to any money). I've been using the LPA to run her finances for over four years and it's the first time I've encountered this.
Despite my mother's LPA not having this condition, I've nevertheless just had my first instance of 'we want you to prove she has lost capacity' (from an Over 50s insurance co - it's not as if it even matters, it has no potential to give me access to any money). I've been using the LPA to run her finances for over four years and it's the first time I've encountered this.
Tis a simple job, just answer one question at a time. Only put in dates at the end, so all dates are the same day. (That's where I fell down the first time, didn't 2nd and 3rd times)
The explanatory notes are very good, and not all questions will need answering.
Get both POAs at the same time.
Bod
The explanatory notes are very good, and not all questions will need answering.
Get both POAs at the same time.
Bod
Thankyou Beate, I always thought I HAD to go through a solicitor, Can you tell me what OPG is please.
Thankyou everybody for all your help, it doesn't sound so daunting and difficult now, I think I might give Age Concern a ring and ask them about doing it there, my OH social care lady suggested age concern a fee weeks ago, I'll phone them tomorrow. When I do go to do it does my OH have to be there too.
OPG is Office of Public Guardian - they are the people who deal with the forms.
Going to Age Concern will be a big help. Right at the end, when the forms have been completed, your OH has to be informed of the exact contents of the forms, and asked formally if he understands the implications of what is written ( this is called having 'capacity').
If he does, he signs them. If it is obvious that he does not understand that is when it gets more complex and the reason these forms should be done as soon as possible. The person who speaks to him about the forms, if I remember correctly, has not to be one of the people to whom Power of Attorney is being granted, not a member of the family. But someone who has known them for at least two years - we used a friend.
You can go to Age Concern by yourself to have the form explained to you so that you know what it means, how to fill it in and what to do, but obviously when it gets to the signing your OH has to do this - you also have to have someone who knows him well and has known him for 2 years, to make sure that he understands what he is signing and witness his signature.
Thankyou, this has all been very helpful, told me things I didn't know, I've got appointment with age concern on tuesday.Im quite nervous and hope OH knows what it's all about when it comes to talking to him.
hi @pevensey
this is the Gov site section
https://www.gov.uk/power-of-attorney
the choice of Attorneys is for the donor to make, though of course the donor can listen to suggestions from family, and someone else can help by preparing the forms for the donor
the donor may not grasp all the intricacies of setting up LPAs but does, at the moment of signing, have to understand that it gives permission for the Attorneys to give support in managing the donor's affairs, and to manage them should the donor not be able to, and agree to sign
this is the Gov site section
https://www.gov.uk/power-of-attorney
the choice of Attorneys is for the donor to make, though of course the donor can listen to suggestions from family, and someone else can help by preparing the forms for the donor
the donor may not grasp all the intricacies of setting up LPAs but does, at the moment of signing, have to understand that it gives permission for the Attorneys to give support in managing the donor's affairs, and to manage them should the donor not be able to, and agree to sign
Thankyou Shedrech, I'm going to chat to OH over weekend to try and explain it all to him, what it entails and such. And hey him to practice signing his signiture , his writing is getting bad.Ill be really glad when it's all sorted as I'm quite nervous about it all
