Registering an Enduring Power of Attorney

[Brucie]

With the old Enduring Power of Attorney (EPA), there was a small registration cost but a person could make the EPA without needing a solicitor so there was no cost for that. Many did use a solicitor just to be sure all i's were dotted and t's crossed. I was quoted £60 for that.

Now there is the Lasting Power of Attorney [LPA], in place of the EPA.

Why not call the Alzheimer's Society Help Line and ask advice on setting one up. Certainly it should not be anywhere the figures you mention. Help Line: http://www.alzheimers.org.uk/site/scripts/documents.php?categoryID=200273

 

[brrttpaul]

Hi again Ive now been told that we cant have POA but someone has to be a deputy which the court appoints

 

[sue38]

Hi again Ive now been told that we cant have POA but someone has to be a deputy which the court appoints

In order for your mum to do a POA she must have the mental capcacity to do so, in other words understand what she is doing. If she doesn't understand the only alternative is to apply to the Court of Protection.

One of you can apply to be appointed as a deputy which would require an order of the Court. This order would specify what you can and can't do.

This procedure is expensive, not only legal fees (should you use a solicitor) but the fees of the Court are pretty hefty too.

You say your mum doesn't have a great deal of money to worry about, so the application to the court may be a sledgehammer to crack a nut.

I would either ring the AS helpline as Brucie says, or ring the Office of the Public Guardian on 0845 330 2900.

 

[brrttpaul]

Hi both and thanx for replying. I was just going off what the solicitor told me that if she had failed the test then the chances are it will be a court order, I have now been told different that as long as she knows what she is doing Im ok to get attorny. I did try phoning earlier but to be honest didnt find it much help. The problem is her house Im not sure whether there is a charge on her house and if there is I cant see the point of an attorny. Basicaly she went in in Jan and pays £600 per week that money is now coming to an end in about 2 months so I would imagine that the next step is her house value about £60000. Now my sisters have been to one solicitor and he has told them that the house should be signed over to protect her assets, My brother on the other hand has said sod it and isnt bothered by it. Also on top of this I dont know if im hearng the full truth half the time of any of them. At the end of the day seems to me that my mother is not the main concearn but her assets are. thx for any replies

 

[jenniferpa]

Well if nothing else I would stay away from the solicitor who suggested signing over the house to protect the assets. I'm not saying it's illegal but I would describe it as untenable. Furthermore, I have to say, I think it's unethical of the solicitor to suggest it for the following reason: the LA will without doubt take exception to this disposal of assets so you (or rather your family) are put in the position of attempting to retain those assets (with the legal costs that entails) or giving in to the LA (in which case you've wasted the legal expenses of having the property signed over).

One thing that occurs to me - if the family can't agree who should represent her interests then I can only think that the appointment of an outsider is the most practical solution, even if it is more expensive (while an individual can't charge a fee for providing this service, a professional may).

 

[sue38]

It really is too late to transfer the house to protect it from being taken into account when assessing your mum's assets.

Is it the LA who are pushing you to get the POA done? This could be because they want you to be able to sell the house to pay her fees.

If the only financial issue that needs to be dealt with is paying the LA I would let them apply for an order that the house be sold. Although they will claim their expenses from the estate, it sounds as though it won't be long until your mum's assets are down to the minimum (very roughly a year by my calculations) and she will then be fully funded.

As you say I would concentrate on your mum and not her assets.

 

[brrttpaul]

TY Sue for replying. Thats exactly what I thought so I dont see the point of having an attorney. I know my sisters requested the test and TBH think they have opened a can of worms, at the moment my mother is happy where she is but the home isnt EMI? registered, so my guess is that they will want to move her (which I dont want) my theory is if they move her then they are under the impression that she wont have to pay the £600 per week and also the house would be safe. I have heard so many bad things about the EMI place that i really dont want her going there cos I think that would kill her

 

[sue38]

Just the fact that it is an EMI home would not mean that your Mum does not have to pay the fees. She would have to qualify for continuing care.

I have no experience of either EMI homes (except I know not all are bad) or continuing care, but if you post in the main forum you are likely to get the help of people who do have advice to give you.

 

[Chrissyan]

Brrttpaul: Signing over the house is a waste of time & probably illegal, too late anyway, as your mum has already had her diagnosis.
I have read somewhere that if it is essential nursing, then yes the assets aren't always taken into account. I believe you really have to know your way around the system to get it though. This could be what your sisters have latched on to.

Your mothers care is more important than money. Thank goodness your mum has you looking out for her

EMI homes are like residential homes & in fact everything else in life, there is the good, the bad & the indifferent.

You can choose the EMI home there is lots of help on here.

Inspection reports: http://www.csci.org.uk/ Also arrive announced to view a prospective home.

Help! someone I can't find Tina T's wonderful post on assessing a care establishment. Can someone link to it for brrttpaul

 

[jenniferpa]

Here you are http://www.alzheimers.org.uk/talkingpoint/discuss/showpost.php?p=126120&postcount=91

 

[brrttpaul]

TY very much for all the replys it as certainly helped ty.

 

[KIM62]

Lasting Power Of Attorney

Back in December 2007, the process was started for my husband to be his sisters LPA. What a complete and utter farce this as been. Paying fees to the solicitor of over £170. Having to get documents completed twice, as they were returned back from London stating incomplete. And, to cap it all now, S-I-L dementia has taken her to a point that the LPA would not be acceptable, and now my husband, with the support from solicitor and his sisters G.P is having to go to the courts to apply for another form of guardianship over her welfare healthcare and finances. In the meantime, she is fully funding and finances are trapped in investments and property.

My advice to anyone going down this road, first find a solicitor that has 100% knowledge and completion on these kind of matters. Otherwise you could be in for a lot of problems.

And, secondly, make sure the doctor ticks all the right boxes.

 

[brendie]

my mum has just been diagnosed with alzheimers and we are going up on sunday to see about her agreeing with us taking over power of attorney. As you all know from experience its all so new to my brother and myself so please excuse the naive questions which may ensue. My mum was assessed last friday, with her sister present, was told that there were three stages of Alzheimers and she is in the mid stage. We both live about 2 hours away from her but feel that something so important maybe should have been shared with her nearest and dearest and maybe advice given as to her care etc,. However, could someone please just give us some plain directions on where we should go from here, many thanks

 

[Sally]

Epa/lpa

If someone has not made an enduring power of attorney (EPA) they now have no choice but to sign a Lasting Power of Attorney (LPA). There are two types - one for health and welfare matters and the other like the old EPA for financial affairs.

We appear to be talking about the LPA for finances. To get hold of the forms ring 0845 330 2900. Have a look through them. If you think that your relative would understand the forms let them take a look at them and begin discussions about who they want as their attorney or attorneys. Ideally set the form up with a solicitor but check their charges first. For a specialist solicitor in your area call the Dementia Helpline on 0845 300 0336.

If the person refuses to sign or cannot understand the LPA the relative will have to call the same number as above but this time asking for the forms to apply to be someone's Deputy for Finances. The relative can then apply without the person with dementia being involved.

I hope this helps,
Sally

 

[jenniferpa]

You can also download the forms from the public guardian website http://www.publicguardian.gov.uk/

 

[Sally]

This is twue however, they are quite long so consider this if you want to save on your own paper and ink !!

 

[turbo]

Registering an EPA

Hello, My sister and I are in the process of registering an EPA for Mum. I am a bit confused on dates. Do the relatives and donor have to be informed on the same day? If not I presume the relevant date is the last person informed. I know the application has to be sent within 10 working days of notifying relatives and the donor but is this date the date of sending documents or the date that they must arrive. I know this 10 day limit is very important.

Turbo